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2025 DAILYLAW 156692 (ALL)

AMRESH @ AMRESH KUMAR AND 7 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER

/6504/2025 · 2025-08-13

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47509 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6504 of 2025 Applicant :- Amresh @ Amresh Kumar And 7 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another Counsel for Applicant :- Arshad Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Sri Sanjeet Kumar Patel,Advocate has put in appearance by filing Vakalatnama on behalf of the opposite party no.2 and the same is taken on record. Heard Shafaq Fatima, holding brief of Sri Arshand Siddiqui,learned counsel for the applicants, learned A.G.A. for the State, Sri Sanjeet Kumar Patel, learned counsel for the opposite party no.2 and perused the record. By means of the instant application, the applicants have prayed for quashing of the entire proceedings against the impugned summoning order dated 26-06-2023 passed by the Addl. Chief Judicial Magistrate, Court No. 19, Barabanki in Case No. 16620 of 2023 (State versus Nepal Yadav and Others) arising out of Case Crime No. 0084 of 2022, under Sections 34,323,504,308 of IPC, Police Station-Kotwali Nagar, District- Barabanki as well as the chargesheet no. 206 of 2022 dated 17-09-2022. Learned counsel appearing for the applicants submits that due to some misunderstanding the instant FIR was lodged and thereafter the parties sat together and they have settled their dispute and that too has been reduced in writing as a compromise deed dated 18.10.2024. Adding his arguments, he submits that now the parties have put their all disputes at rest by way of executing compromise deed and thus further criminal proceedings against the present applicants would be a futile exercise and amount to harassment of the applicants. Adding his arguments, he also submits that this Hon'ble Court vide order dated 24.10.2024 has referred the matter for compromise verification in Application U/S 482 Cr.P.C. No. 9569 of 2024 and in compliance of the aforesaid order, both the parties have appeared before the court below and the compromise deed dated 18.10.2024 has been verified in presence of all concerned parties and the order of verification was passed on 21.11.2024 by the learned Additional Chief Judicial Magistrate, Court No.19, Barabanki. He next added that now the matter has been compromised between the parties, and as such the proceedings of Criminal Case No.16620 of 2023 (State versus Nepal Yadav and others) arising out of Case Crime No. 0084 of 2022, 34,323,504,308 of IPC, Police Station-Kotwali Nagar, District-Barabanki, may be quashed. On the other hand, learned counsel for the opposite party no.2 has also supported the version of the applicants and submits that the parties have entered into compromise deed and now there is no dispute in between the parties and thus the criminal proceeding against the applicant may be dropped. On the other hand, learned AGA appearing for the State has no objection to the contentions aforesaid. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 18.10.2024 and said compromise has been verified on 21.11.2024 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned State versus Nepal Yadav and others, arising out of aforementioned Case Crime No. 0084 of 2022. In view of the above, as the applicants and opposite parties have entered into compromise on 18.10.2024 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. Resultantly, the proceedings of Criminal Case No.16620 of 2023 (State versus Nepal Yadav and others) arising out of Case Crime No. 0084 of 2022, 34,323,504,308 of IPC, Police Station-Kotwali Nagar, District-Barabanki, are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly Order Date :- 13.8.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench