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2025 DAILYLAW 142420 (ALL)

ASHISH TIWARI @ SHANU AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF PRIN. SECY. DEPTT. HOME U.P. LKO. AND ANOTHER

A482/4614/2025 · 2025-09-01

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 4614 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, Sri Vinod Kumar, learned counsel 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 NO. 01 of 2021, dated 02.03.2021 in Criminal Case No. 23 of 2022; State Vs. Ashish Tiwari @ Shanu and others, arising out of Case Crime No. 35 of 2021, under Sections 323, 506, 387 and 452 IPC, Police Station Lalganj, District Pratapgarh and summoning order dated 05.01.2022, on the basis of compromise dated 28.01.2025. 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 on 28.01.2025. Thereafter, this Court vide order dated 29.05.2025 had directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 14.07.2025. 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. 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. Versus Counsel for Applicant(s) : Alok Kumar Pandey Counsel for Opposite Party(s) : G.A., Vinod Kumar Ashish Tiwari @ Shanu And Another .....Applicant(s) State Of U.P. Thru. Addl. Chief Prin. Secy. Deptt. Home U.P. Lko. And Another .....Opposite Party(s) Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 28.01.2025 and said compromise has been verified on 14.07.2025 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 party no. 2 have entered into compromise on 28.01.2025 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. 23 of 2022; State Vs. Ashish Tiwari @ Shanu and others, arising out of Case Crime No. 35 of 2021, under Sections 323, 506, 387 and 452 IPC, Police Station Lalganj, District Pratapgarh, are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly. September 1, 2025 kkv/ A482 No. 4614 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench