RAMASHANKAR AND 2 OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER
A482/5402/2025 · 2025-07-03
Om Prakash Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148765 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148765 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:38323 Court No. - 30 Case :- APPLICATION U/S 482 No. - 5402 of 2025 Applicant :- Ramashankar And 2 Others Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Santi Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J.
1. Shri Rijwanul Haque Ansari, Advocate has put in appearance by filing his power on behalf of the opposite party No. 2, which is taken in record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State, Shri Rijwanul Haque Ansari, learned counsel for the opposite party no. 2 and perused the record. 3. By means of the instant application, the applicants have mainly prayed for quashing of criminal proceedings of Case No. 1727/2020 (State vs Ramashankar and others) pending before learned A.C.J.M- Court No.1, Kheri, under section- 323, 506, 308 I.P.C., Police Station- Phoolbehad, District- Kheri arising out of chargesheet no. 18/2020, dated 23.01.2020 filed in pursuance to the F.I.R No. 559/2019 U/s- 323, 506, 308 I.P.C., Police Station-Phoolbehad, District- Kheri as well as chargesheet mentioned above and summoning order dated 21.09.2020 on the basis of compromise as the first informant is not willing to continue criminal proceeding against the petitioners, in the interest of justice. 4. Learned counsel for the applicants submits that due to certain misunderstanding, the instant F.I.R. 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 28.06.2023, which is annexed as Annexure No.5 to the application. Thereafter, in compliance of order dated 28.08.2024, passed by this Court, the parties have appeared before Court below on 20.09.2024 on which date the compromise deed was verified, copy of verification order is annexed as Annexure No. 6 to the instant application. 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 arising out of FIR No. 559 of 2019 may be quashed. 5. Learned counsel for the 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. 6. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 28.06.2023 and said compromise has been verified on 20.09.2024 and, now, as per the statement of
learned counsel for the parties, they do not want to press the aforementioned criminal proceedings relating to FIR No. 559 of
2019.
7. In view of the above, as the applicants and opposite parties have entered into compromise on 28.06.2023 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.
8. Accordingly, entire criminal proceedings Crime Case no. 559 of 2019, U/s- 323, 506, 308 I.P.C., Police Station-Phoolbehad, District- Kheri, pending before the learned A.C.J.M- Court No.1, Kheri, are hereby quashed. 9.The application is allowed accordingly. (Om Prakash Shukla, J.)
Order Date :- 3.7.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench