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2025 DAILYLAW 141564 (ALL)

SHYAMU YADAV v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

/4402/2025 · 2025-08-04

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45236 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4402 of 2025 Applicant :- Shyamu Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Onkar Nath Tiwari Counsel for Opposite Party :- G.A.,Sandep Tewari Hon'ble Shree Prakash Singh,J. 1. Vakalatnama filed today by Shri Sandeep Tiwari, learned counsel on behalf of opposite party no.2 is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the opposite party no.2 and perused the record. 3. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following relief:- "Therefore, in view of the above noted facts and circumstances, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge sheet as well as entire criminal proceeding of Case No. 450/2023 arising out of Case Crime No. 0490/2022 ((State vs Shyamu Yadav) under section 420, I.P.C. P.S.- Kotwali Ayodhya, District- Ayodhya pending in the court of Chief judicial Magistrate Faizabad in the ends of justice." 4. The learned counsel for the applicant submits that due to certain misunderstanding, the instant FIR was lodged against the applicant and thereafter the parties sat together and has amicably settled their dispute which has been reduced in writing on 20.07.2024. He added that thereafter the applicant filed the instant application for direction to the trial Court to verify the compromise deed and in compliance of the order dated 24.10.2024, the verification was done and report has been submitted to this Court vide order dated 12.12.2024. He submits that further criminal proceeding in the instant matter would amount to harassment and thus the instant criminal proceeding arising out of F.I.R./ Case Crime No. 490 of 2022 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 applicant 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 20.07.2024 and said compromise has been verified on 12.12.2024 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal case relating to F.I.R./ Case Crime No. 490 of 2022. 8. In view of the above, as the applicants and opposite parties have entered into compromise on 20.07.2024 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 Case No. 450/2023 arising out of Case Crime No. 0490/2022 ((State vs Shyamu Yadav) under section 420, I.P.C. P.S.- Kotwali Ayodhya, District- Ayodhya pending in the court of Chief judicial Magistrate Faizabad is hereby quashed. 10. The compromise shall be part of this order. 11. The application is allowed accordingly. 12. Consigned to record. Order Date :- 4.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench