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2025 DAILYLAW 157963 (ALL)

MANOJ KUMAR KASHYAP ALIAS MANOJ KUMAR AND 4 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER

A482/6708/2025 · 2025-08-18

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48307 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6708 of 2025 Applicant :- Manoj Kumar Kashyap Alias Manoj Kumar And 4 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Shri Brajendra Pal Singh, learned counsel has put in appearance by filing Vakalatnama on behalf of 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 quash the entire criminal proceeding of case no. 92723/2024, State Vs. Manoj Kumar Kashyap and others arising out of case crime no. 408/2020 under section 498-A,323,504,506 I.P.C and 3/4 D.P. Act, P.S. P. G. I. Distt. Lucknow, pending before the chief judicial magistrate, Lucknow, as well as chargesheet no.01/2020, dated 19.9.2020 and also impugned summoning order dated 23.9.2024, issued by chief judicial Magistrate, Lucknow as contained in Annexure no.1 and 2 on the basis of compromise dated 8.7.2025, as contained in Annexure no. 4 to this petition, which was verified by the learned magistrate on 30.7.2025 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 08.07.2025. 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 21.07.2025, the verification was done and report has been submitted to this Court vide order dated 30.07.2025. 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.408 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 08.07.2025 and said compromise has been verified on 30.07.2025 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.408 of 2020. 8. In view of the above, as the applicants and opposite parties have entered into compromise on 08.07.2025 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 Criminal Case No. 92723 of 2024 "State Vs. Manoj Kumar Kashyap and others", arising out of Case Crime No. 408 of 2020 under Section s 498-A, 323, 504, 506 I.P.C and 3/4 D.P. Act, Police Station P.G.I., District Lucknow, 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