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2025 DAILYLAW 154797 (ALL)

RAJESH KUMAR @ NANHE SRIVASTAVA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY./ADDL. CHEIF SECY. HOME LKO. AND ANOTHER

A482/6164/2025 · 2025-07-29

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43847 Court No. - 29 Case :- APPLICATION U/S 482 No. - 6164 of 2025 Applicant :- Rajesh Kumar @ Nanhe Srivastava And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy./Addl. Cheif Secy. Home Lko. And Another Counsel for Applicant :- Saquib Zia Khan,Ali Masood Wamiq Warsi,Manav Gupta Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Sri Anand Kumar Kaushal, advocate has put in appearance by filing Vakalatnama on behalf of opposite party no. 2 and the same is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State, Sri Anand Kumar Kaushal, learned counsel for the opposite party no.2 and perused the record. 3. By means of the instant application, the applicants have prayed to quash the entire proceedings as well as any consequential proceedings arising out of the Case No. 17710 of 2015 arising out of Case Crime no. 129 of 1991 under sections 452, 323, 504 and 506 of IPC, Police station Bazar Khala, District Lucknow and to quash the impugned Summoning Order dated 18.02.1992 and impugned chargesheet bearing No. 1, dated 11.09.1991. 4. The learned counsel for the applicants submits that due to certain misunderstanding, the instant FIR was lodged against the applicants and thereafter the parties sat together and has amicably settled their dispute which has been reduced in writing on 06.02.2025. He added that thereafter the applicants filed the instant application for direction to the trial Court to verify the compromise deed and in compliance of the order dated 13.02.2025, the verification was done and report has been submitted to this Court. He submits that further criminal proceeding in the instant matter would amount to harassment and thus the instant criminal proceeding arising out of Case Crime No. 129 of 1991 may be quashed. 5. Learned counsel for the opposite party no.2 has also supported the contention of the learned counsel for the applicants and submits that parties have amicable settled their dispute and the opposite party no. 2 has no grievance, hence, criminal proceedings against the applicants may be dropped. 6. Learned counsel for the State has no objection to the contention aforesaid. 7. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 06.02.2025 and said compromise has been verified on 04.03.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal case relating to Case Crime No. 129 of 1991. 8. In view of the above, as the applicants and opposite parties have entered into compromise on 06.02.2025 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 Judgements 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. 9. Accordingly, the criminal proceedings with regard to Case No. 17710 of 2015 arising out of Case Crime no. 129 of 1991 under sections 452, 323, 504 and 506 of IPC, Police station Bazar Khala, District Lucknow, summoning order dated 18.02.1992 and impugned chargesheet bearing No. 1, dated 11.09.1991 are hereby quashed. 10. The compromise shall be part of this order. 11. The application is allowed accordingly. 12. Consigned to record. Order Date :- 29.7.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench