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2025 DAILYLAW 142124 (ALL)

PYARE AHMAD AND ANOTHER v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND ANOTHER

A482/6983/2025 · 2025-08-26

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6983 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Sri Akhilesh Kumar Mishra, Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, which is taken on record. Heard learned counsel for the applicants, Sri Akhilesh Kumar Mishra, learned counsel appearing for opposite party no. 2 and learned AGA for the State as well as perused the material placed on record. By means of the instant application, the applicants have prayed for quashing of the chargesheet dated 09.01.2023 in Criminal Case No. 6985 of 2023, arising out of Case Crime No. 0403 of 2022, under Sections 419, 420, 467, 468, 471, 506, 120-B IPC, Police Station Kotwali Nagar, District Sultanpur as well as entire proceedings in pursuance thereof, on the basis of compromise dated 26.02.2024. 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. 4915 of 2024, wherein this Court vide order dated 27.05.2024 had directed the court below to verify the said compromise deed and in compliance thereof, the Versus Counsel for Applicant(s) : Pramod Kumar Pandey, Ramesh Pratap Mishra Counsel for Opposite Party(s): G.A. Pyare Ahmad And Another .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another .....Opposite Party(s) compromise deed was verified on 09.07.2024. 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 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. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 26.02.2024 and said compromise has been verified on 09.07.2024 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 parties have entered into compromise on 26.02.2024 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 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 Criminal Case No. 6985 of 2023, arising out of Case Crime No. 0403 of 2022, under Sections 419, 420, 467, 468, 471, 506, 120-B IPC, Police Station Kotwali Nagar, District Sultanpur, are hereby quashed. A482 No. 6983 of 2025 2 The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly. August 26, 2025 kkv/ A482 No. 6983 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench