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2025 DAILYLAW 147642 (ALL)

PRABHU DAYAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/5218/2025 · 2025-07-01

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36920 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5218 of 2025 Applicant :- Prabhu Dayal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Avnish Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Avnish Kumar Tiwari, the learned counsel for the applicant, Sri Satyendra Kumar Singh, the learned A.G.A for the State and Sri B.B. Mishra, Advocate, who has filed his vakalatnama on behalf of the opposite party no. 2, which is taken on record. 2. By means of the instant application filed under Section 482 Cr.P.C, the applicant has sought quashing of the charge sheet No. 01/2020 dated 10.08.2020 filed in furtherance of F.I.R No. 249 of 2020, under Sections 457, 380, 411 I.P.C, Police Station Pachdeora, District Hardoi in Case No. 12195 of 2020 and the entire proceedings of the case, which is pending before the court of Civil Judge (Senior Division)/ F.T.C Hardoi, on the ground that the parties have already been entered into a settlement. 3. The quashing of the proceedings has been sought on the ground that the parties have entered into a compromise on 02.12.2024, which has been annexed as Annexure No.5 to the affidavit. 4. The applicant had filed an application under section 482 Cr.P.C. No. 1890 of 2025, which was disposed of by means of an order dated 03.03.2025 directing the trial court to verify the compromise. The compromise has been verified by means of an order dated 25.03.2025 passed by the learned Civil Judge (Senior Division)/F.T.C Hardoi in case no. 12195 of 2020, which is annexed as Annexue No. 2 of the affidavit. 5. Sri B.B. Mishra, the learned counsel for the opposite party no. 2 has supported the prayer made by the applicant and has given his consent for proceedings being quashed on the basis of compromise. 6. Accordingly, the present petition is allowed and the charge sheet No. 01/2020 dated 10.08.2020 as well as the entire proceedings of Case No. 12195 of 2020 arising out of Case Crime No. 249 of 2020, under Sections 457, 380, 411 I.P.C, Police Station Pachdeora, District Hardoi, are hereby quashed. (Subhash Vidyarthi,J.) Order Date :- 1.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench