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2025 DAILYLAW 154869 (ALL)

RAM SHANKAR SINGH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

CRLA/2325/2025 · 2025-08-18

Shree Prakash Singh

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48309 Court No. - 14 Case :- CRIMINAL APPEAL No. - 2325 of 2025 Appellant :- Ram Shankar Singh And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Appellant :- Krishna Gopal,Mohd Ahmad,Ramish Ahmad Baig,Touqeer Ahmad Counsel for Respondent :- G.A.,Amarjeet Singh Hon'ble Shree Prakash Singh,J. 1. Supplementary affidavit filed today by Shri Amarjeet Singh, learned counsel for the opposite party no.2, the same is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel for the opposite party no.2 and perused the record. 3. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following prayer:- "Wherefore, It is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside/quash the entire criminal proceeding of Sessions Trial No.858/2013, in arising out of case crime no.1269/2009, under section-323, 504, 506, 452 IPC & section 3 (1) (x) of S.C./S.T. Act, Police Station Atrauli, District Hardoi as well as the order dated 19.05.2010 and 09.06.2025 passed by the Special Judge S.C./S.T. (P.A.) Act, Hardoi, and allow the instant criminal appeal, on the basis of compromise between the parties, in the interest of justice." 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 09.01.2023. 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 23.01.2023, the verification was done and report has been submitted to this Court vide order dated 17.02.2023. 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. 1269 of 2009 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 09.01.2023 and said compromise has been verified on 17.02.2023 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. 1269 of 2009. 8. In view of the above, as the applicants and opposite parties have entered into compromise on 09.01.2023 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 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, criminal proceedings with regard to Sessions Trial No. 858 of 2013, arising out of Case Crime No. 1269 of 2009, under Sections 323, 504, 506, 452 of IPC & Section 3 (1) (x) of S.C./S.T. Act, Police Station Atrauli, District Hardoi are hereby quashed. 10. The compromise shall be part of this order. 11. The application is allowed accordingly. 12. Consigned to record. Order Date :- 18.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench