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2025 DAILYLAW 142377 (ALL)

PARASHURAM YADAV AND ANR. v. STATE OF U.P. AND ANR.

A482/2066/2016 · 2025-07-04

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38055 Court No. - 29 Case :- APPLICATION U/S 482 No. - 2066 of 2016 Applicant :- Parashuram Yadav And Anr. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Angrej Nath Shukla,Deo Prakash Srivastava Counsel for Opposite Party :- Govt. Advocate,Anil Kumar Tripathi,Dwijendra Mishra,Vishva Deep Pandey Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, learned AGA for the State and Sri Vishva Deep Pandey, learned counsel appearing for the complainant as well as perused the material placed on record. By means of the instant application under Section 482 Cr.P.C., the applicants have prayed for quashing of the chargesheet No. 05 of 2016, arising out of Case Crime No. 373 of 2015, under Sections 419, 420 IPC, Police Station Kotwali Colonelganj, District Gonda and summoning order dated 01.03.2016 passed by CJM, Gonda as well as entire proceedings of Criminal Case No. 315 of 2016 (State Vs. Ram Kewal and others), on the basis of compromise dated 22.03.2025. 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. 2066 of 2016, wherein this Court vide order dated 09.05.2025 had directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 19.05.2025. 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. Sri Vishva Deep Pandey, learned counsel for opposite party no. 2/complainant has no objection to the contentions aforesaid, rather he has submitted that the matter amicably settled between the parties and now opposite party no. 2 has no grievance, hence, criminal proceedings against the applicants may be dropped. Learned counsel for the State has also 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 22.03.2025 and said compromise has been verified on 19.05.2025 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 parties have entered into compromise on 22.03.2025 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 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. 315 of 2016 (State Vs. Ram Kewal and others), arising out of Case Crime No. 373 of 2015, under Sections 419, 420 IPC, Police Station Kotwali Colonelganj, District Gonda, are hereby quashed. The compromise shall be part of this order. Consequences to be followed. The application is allowed accordingly. Order Date :- 4.7.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench