RAKESH KUMAR GAUTAM v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. CIVIL SECTT. LKO AND 3 OTHERS
A482/7539/2024 · 2025-08-19
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153405 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153405 (ALL) · dailylaw.ai ]
Judgment text
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Court No. - 14 Case :- APPLICATION U/S 482 No. - 7539 of 2024 Applicant :- Rakesh Kumar Gautam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And 3 Others Counsel for Applicant :- Sudhir Kumar Rai,Dhirendra Vikram Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Vakalatnama filed by Shri Swatantra Kumar Tripathi, Advocate filed on behalf of opposite party nos.2, 3 and 4 is taken on record. Heard, learned counsel for the applicant, learned A.G.A. for the State, Shri Swatantra Kumar Tripathi, learned counsel for the opposite party no.2, 3 and 4 and perused the record. By means of the instant application, the applicant has prayed for quashing of the entire criminal proceedings of Special Sessions Trial No.1817 of 2021, arising out of Case Crime No.0318 of 2019, under Section- 307 IPC, Police Station Kakori, District- Lucknow pending before learned Sessions Judge, Lucknow on the basis of compromise executed between the parties on 07.02.2023 verified on 22.02.2023.
Learned counsel for the applicant submits that due to certain misunderstanding, the instant F.I.R. was lodged against the applicant. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing 7.02.2023. Thereafter, the applicant filed an Application U/S 482 No.3741 of 2022 wherein this Court has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on
22.02.2023. 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 Case Crime No.0318 of 2019 may be quashed.
Learned counsel for the opposite party no.2 has also supported the version of the learned counsel for the applicant and submits that parties have amicably settled their dispute and the opposite party no.2 has no grievance, hence, criminal proceedings against the applicant may be dropped.
Learned counsel for the State has no objection to the
submissions aforesaid. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 07.02.2023 and said compromise has been verified on 22.02.2023 and, now, as per the statement of
learned counsel for the parties, they do not want to press the aforementioned criminal proceedings relating to Case Crime No.0318 of 2019. In view of the above, as the applicant and opposite parties have entered into compromise on 07.02.2023 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. Accordingly, entire criminal proceedings in Special Sessions Trial No.1817 of 2021, arising out of Case Crime No.0318 of 2019, under Section- 307 IPC, Police Station Kakori, District- Lucknow are hereby quashed. The compromise shall be part of this order. The application is allowed accordingly. Consigned to records.
Order Date :- 19.8.2025 Haseen U. Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench