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2025 DAILYLAW 142034 (ALL)

SHISHIR YADAV AND ANOTHER v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

A482/4521/2025 · 2025-08-18

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48337 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4521 of 2025 Applicant :- Shishir Yadav And Another Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Awaneesh Yadav Counsel for Opposite Party :- G.A.,Amit Pandey Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel for the opposite party no.2 and perused the record. 2. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following prayer:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to set aside the the charge-sheet, as also the proceedings of the Special Session Trial No.174/2023; arising out of Charge-sheet dated 15.07.2022 in connection with Case Crime No. 156/2022 under Section 323,332,327,504,506 of IPC and 3(2) V (a) of SC/ST Act 1989 as amended 2015, District Ayodhya; and also set aside all the proceedings pursuant thereto in terms of the compromise deed dated 07.12.2024; in as much as it pertains to the applicants and may further be pleased to direct that the applicants shall not be compelled to stand trial." 3. 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 07.12.2024. 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 03.01.2025, the verification was done and report has been submitted to this Court vide order dated 27.01.2025. 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.156 of 2022 may be quashed. 4. 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. 5. Learned counsel for the State has no objection to the contention aforesaid. 6. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 07.12.2024 and said compromise has been verified on 27.01.2025 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.156 of 2022. 7. In view of the above, as the applicants and opposite parties have entered into compromise on 07.12.2024 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. 8. Accordingly, criminal proceedings with regard to the Special Session Trial No.174 of 2023, arising out of Case Crime No. 156 of 2022 under Sections 323, 332, 327, 504, 506 of IPC and 3(2) V (a) of SC/ST Act, 1989 (as amended 2015), Police Station Cantt., District Ayodhya, are hereby quashed. 9. The compromise shall be part of this order. 10. The application is allowed accordingly. 11. Consigned to record. Order Date :- 18.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench