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2025 DAILYLAW 146903 (ALL)

SHIVANSH PRATAP SINGH AND ANOTHER v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND ANOTHER

A482/5203/2025 · 2025-06-26

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36593 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5203 of 2025 Applicant :- Shivansh Pratap Singh And Another Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ashutosh Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the applicants, learned A.G.A. for the State, Sri Satyendra Nath Mishra, Advocate who has filed his vakalatnama on behalf of opposite party no.2 and perused the record. By means of the instant application, the applicants have prayed to quash and set aside the impugned charge-sheet dated 01.12.2023 and summoning order dated 22.03.2024 along with other consequential proceedings pending before the learned Chief Judicial Magistrate Room No. 16, Sultanpur, in criminal misc. case no. 6724 of 2024 in FIR No. 1051 of 2023 under Sections 323, 504, 506 of IPC at P.S. Kotwali Nager District Sultanpur on the basis of compromise and the stay the further proceeding of the aforesaid case. 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. 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 18.04.2025, the verification was done and report has been submitted to this Court vide order dated 29.04.2025. He submits that further criminal proceeding in the instant matter would amount to harassment and thus the instant criminal proceeding arising out of FIR No. 1051 of 2023 may be quashed. Learned counsel for the opposite party no.2 has also supported the version of the learned counsel for the applicants and submits that the 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 and said compromise has been verified on 29.04.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal case relating to FIR No. 1051 of 2023. In view of the above, as the applicants and opposite parties have entered into compromise 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. Accordingly, criminal proceedings with regard to criminal misc. case no. 6724 of 2024 in FIR No. 1051 of 2023 under Sections 323, 504, 506 of IPC at P.S. Kotwali Nager District Sultanpur are hereby quashed. The compromise shall be the part of this order. The application is allowed accordingly. Consigned to record. Order Date :- 26.6.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench