Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 148808 (ALL)

RAMAKANT AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME AND AFFAIRS DEPTT. LKO. AND OTHERS

CRLP/5855/2025 · 2025-07-03

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:37484-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5855 of 2025 Petitioner :- Ramakant And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home And Affairs Deptt. Lko. And Others Counsel for Petitioner :- Pankaj Kumar Counsel for Respondent :- G.A.,Surya Prakash Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. 'Vakalatnama' filed by Shri Surya Prakash and Shri Krishna Bhushan Tripathi, Advocate on behalf of the private respondent no.4 is taken on record. 2. Heard learned counsel for the petitioner as well as learned A.G.A. who appears for the State-respondents, learned counsel for the private respondent and perused the record. 3. The instant writ petition has been filed with the following prayers: "(i) Issue a writ, order or direction in the nature of CERTIORARI, thereby to quash the impugned First Information Report No. 0169/2023 lodged by the opposite party no. 4 on 28.06.2023 at 13:42 Hour, Dalth Commissioner under sections- 354, 323, 506 I.P.C. at Police Station- Asoha, District- Unnao, on the basis of compromise dated 06.06.2025, executed between the parties, which was lodged against the petitioners on the basis of false and fabricated ground with an ulterior motive only to harass the petitioners, in the interest of justice. (contained as ANNEXURE No. 1 to this writ petition.) (ii) Issue a writ, order or direction in the nature of MANDAMUS, thereby directing the opposite parties, particularly opposite party no. 3, not to arrest the petitioners in the pursuance of the impugned First Information Report No. 0169/2023, lodged by the opposite party no. 4 on 28.06.2023 at 13:42 Hour, Oath Commissioner under sections- 354, 323, 506 I.P.C. at Police Station- Asoha, District- Unnao, during the pendency of the present writ petition." 4. Learned counsel for the petitioners has stated that the petitioners have entered into a compromise with the private respondent and original copy of the said compromise has been filed as Annexure No.2 to the writ petition. 5. Learned counsel for the private respondent does not dispute this fact. 6. Learned A.G.A. has produced before this Court instructions sent by Shri Krishna Kumar Dwivedi, Sub Inspector, Police Station Asoha, District Unnao, wherein it has been stated that charge sheet no.165/2023 dated 23.07.2023 has been filed in the court on 22.11.2023. The instructions are taken on record. 7. The writ petition is disposed of with direction to the petitioners and private respondent to approach the trial court concerned. 8. Registry is directed to return the original copy of the compromise to the petitioners after retaining a photostat copy of the same on record. (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 3.7.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench