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2025 DAILYLAW 156979 (ALL)

Vijay Kumar Maurya @ Vijay Kumar and 3 others v. State of U.P. thru Principal Secretary, Home and another

A482/6460/2025 · 2025-08-08

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46459 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6460 of 2025 Applicant :- Vijay Kumar Maurya @ Vijay Kumar And 3 Others Opposite Party :- State Of U.P. Thru Principal Secretary, Home And Another Counsel for Applicant :- Satish Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Vakalatnama filed by Shri Saumitra Shukla and Shri Ashish Kumar Mishra, Advocates on behalf of opposite party no.2 is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State, Shri Saumitra Shukla and Shri Ashish Kumar Mishra, learned counsels for the opposite party no.2 and perused the record. 3. By means of the instant application, the applicants have prayed to quash the charge-sheet dated 27.12.2020 arising out of Case Crime No.338 of 2020 under Sections 323, 504, 506, 332, 353 IPC, Police Station- Dalmau,, District- Raebareli in the light of compromise dated 06.05.2025. 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 06.05.2022. 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 15.05.2025, the verification was done and report has been submitted to this Court vide order dated 17.06.2025. 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.338 of 2020 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 06.05.2025 and said compromise has been verified on 17.06.2025 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.338 of 2020. 8. In view of the above, as the applicants and opposite parties have entered into compromise on 06.05.2025 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, criminal proceedings with regard to Case Crime No.338 of 2020 under Sections 323, 504, 506, 332, 353 IPC, Police Station- Dalmau,, District- Raebareli along with the charge-sheet dated 27.12.2020 are hereby quashed. 10. The compromise shall be part of this order. 11. The application is allowed accordingly. 12. Consigned to record. Order Date :- 8.8.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench