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2025 DAILYLAW 148222 (ALL)

MOKIM @ MUKKAM @ MOIN AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND OTHERS

CRLP/5727/2025 · 2025-07-16

Manish Kumar, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40503-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 5727 of 2025 Petitioner :- Mokim @ Mukkam @ Moin And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Others Counsel for Petitioner :- Satyendra Nath Mishra Counsel for Respondent :- G.A.,Rahul Mishra Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State. 2. By means of this petition, the petitioners have sought quashing of First Information Report dated 23.04.2025 bearing F.I.R./Case Crime No.57 of 2025, under Sections 191(2), 49, 115(2), 351(3), 352, 109 of B.N.S. and Section 3(1) (da), 3(1) (dha) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and Section 7 Criminal Law Amendment Act, registered at Police Station Dhammaur, District Sultanpur. 3. On 26.06.2025, parties were directed to appear before the Chief Judicial Magistrate, Sultanpur for verification of compromise. 4. The report of the Chief Judicial Magistrate dated 10.07.2025 is on record, according to which, he has verified the compromise on 08.07.2025. The original compromise is on record which has been annexed at page 31 to 34 of the report of C.J.M. concerned. 5. Submission of learned counsel for the petitioners is that all the injuries are simple in nature. Section 307 IPC has been invoked against the petitioners, though it has not been made out from the injury report. Both the parties have entered into a compromise which has been verified. Even the allegation with regard to SC/ST Act is false and has been made in the FIR only to create pressure upon the petitioners. 6. Intent is clear, the informant, who is a signatory to the compromise, does not want to press the FIR, therefore, no purpose would be served in allowing the proceedings even if charge sheet has been filed before the court below to go on considering the nature of the dispute. 7. Accordingly, the impugned FIR, which is the basis to serve consequential proceedings of investigation and thereafter filing of charge sheet, if any, is hereby quashed. Consequently, all proceedings taken consequent to the lodging of the FIR including charge sheet, if any, filed before the court below stand quashed. 8. The writ petition is, accordingly, allowed. 9. The Senior Registrar of this Court shall communicate this order to the court concerned for correcting its record, accordingly. 10. Learned AGA shall communicate this order to the investigating officer. . (Manish Kumar, J.) (Vivek Chaudhary, J.) Order Date :- 16.7.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench