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2025 DAILYLAW 156661 (ALL)

ABHISHEK SINGH @ ANSHU SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

A482/6450/2025 · 2025-08-07

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46269 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6450 of 2025 Applicant :- Abhishek Singh @ Anshu Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- D.P. Dutt Tiwari,Manish Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Sri Dharmendra Kumar Tiwari, Advocate has put in appearance by way of Vakalatnama filed on behalf of opposite parties nos. 2 and 3, which is taken on record. Heard learned counsel for the applicant, Sri Dharmendra Kumar Tiwari, learned counsel appearing for opposite parties nos. 2 and 3 and learned AGA for the State as well as perused the material placed on record. By means of the instant application, the applicant has prayed for quashing of the chargesheet No. 1 of 2022, dated 23.10.2022 filed in Criminal Case No. 50840 of 2023; State Vs. Anshu Singh, arising out of FIR/Case Crime No. 0221 of 2022, under Sections 420, 504, 506 IPC, Police Station Thakurganj, District Lucknow, as well as entire proceedings in pursuance thereof, on the basis of compromise dated 11.12.2023. Learned counsel for the applicant submits that due to certain misunderstanding, the instant FIR 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. Thereafter, the applicant filed an Application U/s 482 No. 12318 of 2023 wherein this Court vide order dated 18.12.2023 had directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 20.04.2024. 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 against the applicant may be quashed. Learned counsel appearing for opposite parties nos. 2 and 3 has also supported the version of the learned counsel for the applicant and submits that parties have amicably settled their dispute and the opposite parties nos. 2 and 3 have 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 11.12.2023 and said compromise has been verified on 20.04.2024 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings against the applicants. In view of the above, as the applicant and opposite parties have entered into compromise on 11.12.2023 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. Resultantly, the proceedings of Criminal Case No. 50840 of 2023; State Vs. Anshu Singh, arising out of FIR/Case Crime No. 0221 of 2022, under Sections 420, 504, 506 IPC, Police Station Thakurganj, District Lucknow, are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly. Order Date :- 7.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench