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2025 DAILYLAW 151298 (ALL)

BABU LAL YADAV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

A482/5662/2025 · 2025-07-22

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41780 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5662 of 2025 Applicant :- Babu Lal Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Anil Kumar Tripathi,Ajitanshu Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Anil Kumar Tripathi, the learned counsel for the applicant and Sri Amit Kumar Dwivedi, the learned A.G.A appearing on behalf of the State. 2. Previously, the applicant had challenged the validity of the F.I.R by filing Writ Petition No. 15749 (MB) of 2021, which was allowed by means of an order dated 30.07.2021 passed by a Division Bench of this Court wherein it is recorded that the learned counsel for the informant had admitted that a compromise had been entered into between the parties and he had no objection against the F.I.R being quashed. In these circumstances, there appears to be no requirement for issuing a notice of this petition to the opposite party no.2 3. The learned A.G.A states that he does not propose to file a counter affidavit and he has agreed for filing disposal of the petition on the basis of oral submissions to be advanced by him. 4. By means of the instant application filed under Section 482 Cr.P.C, the applicant has sought quashing of the chargesheet dated 31.03.2020 arising out of Case Crime No. 238 of 2019, under Sections 406, 420, 506, 467, 468, 471 and 120-B I.P.C., Police Station Vikas Nagar, District Lucknow as well as cognizance order dated 19.06.2020 along with the proceedings of Criminal Case No. 26745 of 2020, which is pending in the Court of learned Additional Chief Judicial Magistrate-IV, Lucknow. 5. The aforesaid case was instituted on the basis of an F.I.R lodged by the opposite party no.2 against four persons, including the applicant, on 30.06.2019 for offences under Section 406, 420, 506 I.P.C. The validity of the F.I.R was challenged by filing Writ Petition No. 15749 (MB) of 2021, which was allowed by means of an order dated 30.07.2021 passed by a Division Bench of this Court and F.I.R No. 238 of 2019 under section 406, 420, 506 I.P.C., P.S Vikas Nagar, District Lucknow was quashed. Inspite of the F.I.R having been quashed, this fact was not brought to the knowledge of the Division Bench deciding Writ Petition No. 15749 (MB) of 2021 that a chargesheet had already been submitted on 31.03.2020 against the applicant for offences under Section 406, 420, 506, 467, 468, 471 and 120-B I.P.C. 6. The learned counsel for the applicant has submitted that when the F.I.R itself was quashed by a Division Bench by means of the aforesaid order dated 30.07.2021, the entire proceedings taken in furtherance of the F.I.R also stand quashed automatically. 7. Per contra, the learned A.G.A has submitted that the F.I.R was quashed only in respect of offences under Section 406, 420, 506 I.P.C whereas the chargesheet has been filed in respect of offences under Section 467, 468, 471 and 120-B I.P.C. also. 8. In the order dated 30.07.2021 passed by a Division Bench of this Court in Writ Petition No. 15749 (MB) of 2021, it is recorded that the writ petition was decided after hearing the submissions of learned counsel for the applicant as well as the learned A.G.A representing the State and the learned counsel for the informant. Neither the learned A.G.A nor the learned counsel for the informant brought this fact to the knowledge of the Court that a chargesheet had already been submitted. It is recorded that the learned counsel for the informant had admitted the fact that a compromise had been entered into between the parties and he had expressed no objection against the F.I.R being quashed. In these circumstances quashing of the F.I.R by this Court puts an end to the entire criminal proceedings instituted on the basis of the F.I.R and in consequence thereof. 9. In these circumstances, the impugned charge sheet dated 31.01.2020 submitted in furtherance of the F.I.R which already stands quashed and the impugned order dated 19.06.2020 passed by the learned Additional Chief Judicial Magistrate- IV, Lucknow taking cognizance of the offences are also not sustainable in law. 10. In view of the forgoing discussion, the instant application is allowed and the chargesheet dated 31.03.2020 as well as cognizance order dated 19.06.2020 along with the proceedings of Criminal Case No. 26745 of 2020 arising out of Case Crime No. 238 of 2019, under Sections 406, 420, 506, 467, 468, 471 and 120-B I.P.C., Police Station Vikas Nagar, District Lucknow are hereby quashed. (Subhash Vidyarthi,J.) Order Date :- 22.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench