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2025 DAILYLAW 143684 (ALL)

RAM MILAN AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/4368/2024 · 2025-09-15

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 4368 of 2024 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Girish Kumar Tiwari, learned counsel for the petitioners, learned Additional Government Advocate for the State and Sri Arvind Kumar, learned counsel for the opposite party No. 5. 2. By means of this petition, the petitioners have prayed for quashing the impugned FIR dated 9.6.2024 in Case Crime No. 0231 of 2024 u/s 420, 467, 468, 471 IPC, P.S. Mohanlalganj, District Lucknow. 3. This Court vide order dated 05.12.2024 passed in connected Criminal Misc. Writ Petition No. 9239 of 2024 (Jabar Singh Yadav and two others vs. State of U.P. & others) sent the matter to the Mediation & Conciliation Center of this Court for amicable settlement. 4. In compliance of the aforesaid order, the parties appeared before the Mediation & Conciliation Center of this Court and the mediation completed successfully. The Mediators have submitted its report dated 21.3.2025, which is on record. 5. Learned counsel for the opposite party Nos. 5 has also submitted that the dispute between the parties has been amicably settled through mediation. 6. Considering the aforesaid facts and circumstances of the issue in question, Versus Counsel for Petitioner(s) : Vivek Kumar Mishra, Aseem Goswami, Azhar Ikram, Girish Kumar Tiwari Counsel for Respondent(s) : G.A., Anil Kumar Sharma, Arvind Kumar Ram Milan And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) particularly, the fact that the present petitioners and the private opposite party have settled the dispute through mediation and the report to this effect has been made part of the record, therefore, compelling the prosecution to prosecute the present petitioners would be a futile exercise and in view of the dictum of Hon'ble Supreme Court rendered in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471; Parbatbhai AAhir vs. State of Gujarat (2017) 9 SCC 641, the entire proceedings in pursuance of the Case Crime No. 0231 of 2024 are hereby quashed. The mediation report submitted by the Mediators would be the part of this order. 7. Liberty is given to opposite party no. 5 to file appropriate application before the competent court of law, if the terms and conditions of aforesaid settlement agreement are flouted. 8. The petition is, therefore, allowed. 9. No order as to costs. September 15, 2025 Om CRLP No. 4368 of 2024 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench