Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 158052 (ALL)

KRISHNAKANT YADAV ALIAS KRISHNA KANT AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME LKO. AND 3 OTHERS

NA528/970/2025 · 2025-08-19

Shree Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:48442 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 970 of 2025 Applicant :- Krishnakant Yadav Alias Krishna Kant And Another Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Applicant :- Divyanshu Singh,Prashant Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Ms. Divya Tripathi and Sri Shashwat Patel, Advocates have put in appearance and by way of filing Vakalatnama on behalf of opposite party no. 2, which is taken on record. Heard learned counsel for the applicants, Ms. Divya Tripathi and Sri Shashwat Patel, learned counsel appearing for opposite party no. 2 as well as perused the material placed on record. By means of the instant application, the applicants have prayed for quashing of the entire proceedings of POSCO Case No. 721 of 2024, arising out of Case Crime No. 545 of 2024, under Sections 74, 115(2), 352, 351(3) of BNS and Sections 7/8 of POCSO Act and Sections 3(1) Da, Dha and 3(2) V (a) of SC/ST Act, Police Station Kotwali Akbarpur, District Ambedkar Nagar; summoning order dated 19.12.2024 passed by Special Judge, POCSO Act as well as chargesheet No. A445 of 2024, dated 22.09.2024, on the basis of compromise dated 21.04.2025 Learned counsel for the applicants submits that due to certain misunderstanding, the instant FIR was lodged against the applicants. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing. Thereafter, the applicants filed an Application U/s 528 of BNSS No. 415 of 2025, wherein this Court vide order dated 03.07.2025 had directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 25.07.2025. 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 applicants may be quashed. Learned counsel appearing for opposite party no. 2 has also supported the version of the learned counsel for the applicants and submits that parties have amicably settled their dispute and the opposite party no. 2 has no grievance, hence, criminal proceedings against the applicants 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 21.04.2025 and said compromise has been verified on 25.07.2025 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 applicants and opposite parties have entered into compromise on 21.04.2025 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 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 POSCO Case No. 721 of 2024, arising out of Case Crime No. 545 of 2024, under Sections 74, 115(2), 352, 351(3) of BNS and Sections 7/8 of POCSO Act and Sections 3(1) Da, Dha and 3(2) V (a) of SC/ST Act, Police Station Kotwali Akbarpur, District Ambedkar Nagar, are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly. Order Date :- 19.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench