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2025 DAILYLAW 140711 (ALL)

ARVIND KUMAR YADAV @ ARVIND YADAV AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER LKO.

A482/4199/2025 · 2025-08-11

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46895 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4199 of 2025 Applicant :- Arvind Kumar Yadav @ Arvind Yadav And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Lko. Counsel for Applicant :- Ved Prakash Mishra,Ankit Teotia Counsel for Opposite Party :- G.A.,Dr. Ajai Pratap Singh Chauhan,Vikas Chandra Dwivedi Hon'ble Shree Prakash Singh,J. 1. Supplementary affidavit filed by learned counsel for the applicants is taken on record. 2. Heard Shri Ved Prakash Mishra, learned counsel for the applicants, learned A.G.A. for the State, Shri Vikas Chandra Dwivedi learned counsel for the opposite party no.2 and perused the record. 3. By means of the instant application, the applicants have prayed to quash the entire proceeding of Criminal Case No.17362/2024 (State Vs. Arvind and Another) including the summoning order dated 09/02/2024 passed by the Additional Chief Judicial Magistrate-II, Court No.26, Lucknow and charge-sheet dated 23/09/2023 arising out of Case Crime No.0320/2023, Under section-406, 420, 506, IPC, Police Station- Indira Nagar, District- Lucknow (North Commissionerate), in the light of compromise dated 09.03.2025. 4. The learned counsel for the applicants submits that due to certain misunderstanding, the instant FIR was lodged against the applicants and thereafter the parties sat together and has amicably settled their dispute which has been reduced in writing on 09.03.2025. He added that thereafter the applicants filed the instant application for direction to the trial Court to verify the compromise deed and in compliance of the order dated 20.05.2024, the verification was done and report dated 03.06.2025 has been submitted to this Court. He submits that further criminal proceeding in the instant matter would amount to harassment and thus the instant criminal proceeding arising out of Case Crime No.0320/2023, may be quashed. 5. Learned counsel for the opposite party no.2 has also supported the contention of the learned counsel for the applicants and submits that parties have amicable settled their dispute and the opposite party no. 2 has no grievance, hence, criminal proceedings against the applicants may be dropped. 6. Learned counsel for the State has no objection to the contention aforesaid. 7. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 09.03.2025 and said compromise has been verified on 03.06.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal case relating to Case Crime No.0320/2023, 8. In view of the above, as the applicants and opposite parties have entered into compromise on 09.03.2025 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 Judgements 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. 9. Accordingly, criminal proceedings with regard to Criminal Case No.17362/2024 (State Vs. Arvind and Another) including the summoning order dated 09/02/2024 passed by the Additional Chief Judicial Magistrate-II, Court No.26, Lucknow and charge-sheet dated 23/09/2023 arising out of Case Crime No.0320/2023, Under section-406, 420, 506, IPC, Police Station- Indira Nagar, District- Lucknow (North Commissionerate), the in the light of compromise dated 09.03.2025 are hereby quashed. 10. The compromise shall be part of this order. 11. The application is allowed accordingly. 12. Consigned to record. Order Date :- 11.8.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench