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2025 DAILYLAW 138375 (ALL)

AVDHESH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS

CRLP/3833/2025 · 2025-06-05

Rajesh Singh Chauhan, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34625-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 3833 of 2025 Petitioner :- Avdhesh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Naveen Kumar Pandey Counsel for Respondent :- G.A.,Sachin Hon'ble Rajesh Singh Chauhan,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the parties. 2. By means of this petition, the petitioner has prayed the following main reliefs:- "i. Issue a writ order or direction in the nature of CERTIORARI quashing the impugned First Information Report lodged by the Opposite Party No.4 on 05.04.2025, registered at Case Crime No. - 0069/2025, under sections 115 (2), 281, 125(a), 351(2) B.N.S., at Police Station - Indira Nagar, District - Lucknow, as contained in Annexure No.1 to this writ petition, on the basis of compromise dated 14.04.2025, as contained in Annexure No.2 to this writ petition, in the interest of justice. ii. Issue a writ order or direction in the nature of MANDAMUS directing the Opposite Parties not to arrest the Petitioner on the basis of the impugned First Information Report, as contained in Annexure No.1 to this writ petition." 3. In compliance of the order of this Court dated 06.05.2025, compromise deed was filed before the Senior Registrar of this Court, who vide order/ report dated 21.05.2025 has verified the contents and parties of the compromise deed and submitted his report to the extent that the parties and contents of the compromise deed are genuine and they have entered into the compromise by free-will. 4. Learned counsel for opposite party no.4 has submitted that the parties in dispute are not interested to pursue the FIR. 5. The Apex Court in re: Unnikrishnan alias Unnikuttan vs. State of Kerala, reported in (2018) 15 Supreme Court Cases 343, has observed that even if the offence(s) in question is / are not compoundable within the scope of Section 320 Cr.P.C. even then considering the facts and circumstances of the case in question the Constitutional Court may allow the parties to compound such offence(s) on the basis of compromise arrived at between the parties. 6. Not only the above, considering the facts and circumstances of the issue in question and other dictums of the Apex Court in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab, (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak, (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish, (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup, (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh, (2016) 12 SCC 471 and Parbatbhai Ahir vs. State of Gujarat, (2017) 9 SCC 641, the impugned Case Crime/FIR No.0069 of 2025, under Sections 115(2), 281, 125(a) & 351(2) of B.N.S., Police Station - Indira Nagar, District - Lucknow, is hereby quashed in respect of the present petitioner on the basis of compromise. 7. Accordingly, the instant petition is allowed. [Ram Manohar Narayan Mishra,J.] [Rajesh Singh Chauhan,J.] Order Date :- 5.6.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench