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2025 DAILYLAW 158049 (ALL)

ABHISHEK SINGH YADAV v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 3 OTHERS

CRLP/7522/2025 · 2025-09-15

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7522 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Karunesh Singh, learned counsel for the petitioner and Sri Shashank Singh, learned AGA and Sri Sanjeev Kumar Dwivedi, learned counsel for the opposite party no. 4. 2. This Court vide order dated 22.8.2025 directed the parties to file compromise deed before the Senior Registrar of this Court and the Senior Registrar was directed to verify the contents and parties of the compromise deed. 3. In the present case, the sections involved are 115(2), 352, 351(3) BNS. 4. In compliance of the aforesaid order, compromise deed was filed before the Senior Registrar vide report dated 4.9.2025 has verified the contents and parties of the compromise deed and submitted his report to the extent that the parties and contents of the compromise deed are genuine and they have entered into the compromise by free-will. 5. Learned counsel for the opposite party no. 4 has submitted that the parties in dispute are not interested to pursue the criminal case. 6. The Apex Court in re: Unnikrishnan alias Unnikuttan vs. State of Kerala reported in (2018) 15 Supreme Court Cases 343 has observed that even if the offence (s) in question is / are not compoundable within the scope of section 320 Cr.P.C. even then considering the facts and circumstances of the case in question the Constitutional Court may allow the parties to compound such offence(s) on the basis of compromise arrived at between the parties. 7. Not only the above considering the facts and circumstances of the issue in question and other dictums of Hon'ble Apex Court in re: B.S. Joshi and Versus Counsel for Petitioner(s) : Vijay Pratap Singh, Karunesh Singh Counsel for Respondent(s) : G.A., Sanjeev Kumar Dwivedi Abhishek Singh Yadav .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 3 Others .....Respondent(s) others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471; Parbatbhai AAhir vs. State of Gujarat (2017) 9 SCC 641 the entire proceedings of FIR No. 35/2025 u/s 115(2), 352, 351(3) BNS, P.S. Gomtinagar Vistar, District Lucknow are hereby quashed. 8. The petition is allowed. September 15, 2025 Om CRLP No. 7522 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench