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2025 DAILYLAW 151468 (ALL)

PRADEEP v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/6383/2025 · 2025-07-21

Sangeeta Chandra, Subhash Vidyarthi

body2025

Judgment text

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Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6383 of 2025 Petitioner :- Pradeep Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Rohit Tripathi,Ajay Shukla Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Subhash Vidyarthi,J. 1. Heard the learned counsel for the petitioner and the learned A.G.A. for the State. 2. Present petition has been filed with the following prayer:- "i. Issue a writ order or direction in the nature of CERTIORARI quashing the impugned First Information Report lodged by the Opposite Party No.4 on 20.05.2025, registered at Case Crime No. 0187/2025, under sections 92, 352, 333, 115(2), 3(5) B.N.S., at Police Station Fatehpur Chaurasi, District Unnao, as contained in Annexure No.1 to this writ petition, on the basis of compromise / Notary affidavit dated 04.07.2025, as contained in Annexure No.3 to this writ petition, in the interest of justice. ii. Issue a writ order or direction in the nature of MANDAMUS directing the Opposite Parties not to arrest the Petitioner on the basis of the impugned First Information Report bearing Case Crime No. - 0187/2025, under sections 92, 352, 333, 115(2), 3(5) Β.N.S., at Police Station Fatehpur Chaurasi, District Unnao, as contained in Annexure No.1 to this writ petition." 3. It has been submitted by the learned counsel for the petitioner that since it is a family dispute, elders have intervened and a compromise has been entered into between the parties. 4. Shri Rakesh Kumar, Advocate, who has filed his power on behalf of the respondent No.4 does not dispute the arguments raised by the learned counsel for the petitioner. 5. A copy of a compromise/notary affidavit entered into between the parties has been annexed as Annexure No.3 to the petition. 6. In case a compromise has been entered into between the parties, the petitioner and the opposite party No.4 are at liberty to approach the Investigating Officer alongwith the original copy of the such compromise and the Investigating Officer shall verify the same within a week from the date the petitioner and the opposite party No.4 approached him and shall submit the appropriate report to the Magistrate concerned. 7. The petition is accordingly disposed of. . (Subhash Vidyarthi,J.) (Sangeeta Chandra,J.) Order Date :- 21.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench