BALIRAM @ BALRAM NISHAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/3911/2025 · 2025-07-03
Om Prakash Shukla
body2025
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[ 2025 DAILYLAW 139203 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139203 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37576 Court No. - 30 Case :- APPLICATION U/S 482 No. - 3911 of 2025 Applicant :- Baliram @ Balram Nishad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ashutosh Mishra Counsel for Opposite Party :- G.A.,Pankaj Kumar Mishra Hon'ble Om Prakash Shukla,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State, Shri Pankaj Kumar Mishra, learned counsel for the opposite party no.2 and perused the record.
2. By means of the instant application, the applicant has prayed for quashing of chargesheet dated 21.12.2022 as well as summoning order dated 06.04.2023 in Criminal Case No.370 of 2025 under Sections 419, 420 IPC, police station Dhanpatganj, District Sultanpur as well as the entire proceedings of FIR No. 72 of 2022 pending before learned AMM, Sultanpur.
3. Learned counsel for the applicant submits that due to certain misunderstanding, the instant F.I.R. was lodged against the applicant. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 04.04.2025 which is annexed as Annexure No.4 to the application. Thereafter, in compliance of order dated 21.05.2025, passed by this Court, the parties have appeared before Court below on 04.06.2025 on which date the compromise deed was verified, copy of verification order is annexed as A-1 to the affidavit filed today which is taken on record. He submits that now there is no dispute in between the parties and they have settled their dispute. He submits that further criminal proceedings in the instant matter would amount to harassment and, thus, the instant criminal proceedings arising out of FIR No.72 of 2022 may be quashed.
4. Learned counsel for the opposite party no.2 has also supported the version of the learned counsel for the applicants and submits that parties have amicably settled their dispute and the opposite party no.2 has no grievance, hence, criminal proceedings against the applicants may be dropped. Learned counsel for the State has no objection to the submissions aforesaid.
5. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 04.04.2025 and said compromise has been verified on 04.06.2025 and, now, as per the statement of
learned counsel for the parties, they do not want to press the aforementioned criminal proceedings relating to FIR No.72 of
2022.
6. In view of the above, as the applicants and opposite parties have entered into compromise on 04.04.2025 and no grievance remains to be agitated and, as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgments of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation (2008) 9 SCC 677; Manoj Sharma Vs. State and others, (2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab (2014) 6 SCC 466.
7. Accordingly, entire criminal proceedings in Criminal Case No.370 of 2025 pending before AMM, Sultanpur arising out of FIR No.72 of 2022 under Sections 419, 420 IPC, police station Dhanpatganj, District Sultanpur are hereby quashed.
8. The application is allowed accordingly. . (Om Prakash Shukla, J.)
Order Date :- 3.7.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench