UDAY PRATAP MISHRA AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND ANOTHER
A482/4065/2025 · 2025-05-15
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140056 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140056 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28785 Court No. - 29 Case :- APPLICATION U/S 482 No. - 4065 of 2025 Applicant :- Uday Pratap Mishra And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Jagendra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Sri Ram Kinkar Upadhyay, Advocate has put in appearance and filed Vakalatnama on behalf of opposite party no. 2 which is taken on record. Heard learned counsel for the applicants, learned AGA for the State and Sri Ram Kinkar Upadhyay, learned counsel appearing for opposite party no. 2 as well as perused the material placed on record. By means of the instant application, the applicants have prayed for quashing of the summoning order dated 29.08.2008 passed by CJM, Faizabad and chargesheet dated 23.07.2008 filed under Sections 147, 323, 504, 506, 452 IPC and Sections 3(i)(x) of SC/ST Act in Case Crime No. 672 of 2008, FIR dated 30.06.2008 at Police Station Kotwali Bikapur, District Faizabad (now Ayodhya) as well as entire proceedings of Sessions Trial No. 414 of 2009 (State Vs. Uday Pratap Mishra and others), which is pending before the learned Special Judge, SC/ST Act, Faizabad, on the basis of compromise dated 29.11.2022.
Learned counsel for the applicants submits that due to certain misunderstanding, the instant FIR was lodged against the applicants. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing. Thereafter, the applicants filed an Application U/s 482 No.12011 of 2024, wherein this Court vide order dated 07.01.2025 had
directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 30.01.2025. 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 against the applicants may be quashed.
Learned counsel appearing for 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 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. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 29.11.2022 and said compromise has been verified on 30.01.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings against the applicants. In view of the above, as the applicants and opposite party have entered into compromise on 29.11.2022 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. Resultantly, the proceedings of summoning order dated 29.08.2008 passed by CJM, Faizabad and chargesheet dated 23.07.2008 filed under Sections 147, 323, 504, 506, 452 IPC and Sections 3(i)(x) of SC/ST Act in Case Crime No. 672 of 2008, FIR dated 30.06.2008 at Police Station Kotwali Bikapur, District Faizabad (now Ayodhya) as well as entire proceedings of Sessions Trial No. 414 of 2009 (State Vs. Uday Pratap Mishra and others), which is pending before the learned Special Judge, SC/ST Act, Faizabad, are hereby quashed. The compromise deed shall be the part of this order. Consequences to be followed. The application is allowed accordingly.
Order Date :- 15.5.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench