NIKITA AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. OF U.P. LKO. AND ANOTHER
A482/7755/2025 · 2025-09-16
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158200 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158200 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7755 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Shri Shivam Mishra, Advocate 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:-
"For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Case, (State Vs. Suraj Prasad Yadav and Others) Pending before the Court of Learned C.J.M., Lucknow, arising out of Case Crime No. 459/2021, Under Section 323, 452, 504, 380 IPC, at Police Station PGI, District Lucknow, arising out of Case No.-93385/2024, Charge sheet No.- 01/2021, dated 13.03.2022, Under Section 323, 452, 504, 380 IPC, at Police Station- PGI, District - Lucknow against applicants/accused as contained in Annexure No.-1 to this affidavit and consequential summoning order dated 25.09.2024, in Case Crime No. 459/2021, Under Section 323, 452, 504, 380 IPC, at Police Station-PGI, District Lucknow (State Vs. Suraj Prasad Yadav and Others) Pending before the Court of Learned C.J.M., Lucknow, filed Versus Counsel for Applicant(s) : Anil Kumar Sharma Counsel for Opposite Party(s) : G.A. Nikita And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. And Another .....Opposite Party(s)
against the applicants/petitioners, in view of compromise arrived at between the parties which was duly verified by the Learned C.J.M., Lucknow, vide order dated 24.06.2025, through Annexure No.-5 to this affidavit, in pursuance of order dated 17.06.2025, passed by this Hon'ble Court in A-482 No. 5091 of 2025, Nikita And 3 Others Vs State of UP & Another."
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 29.05.2025.
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 17.06.2025, the verification was done and report has been submitted to this Court vide order dated 24.06.2025. He submits that further criminal proceeding in the instant matter would amount to harassment and thus the instant criminal proceeding arising out of F.I.R./ Case Crime No.459/2021 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 29.05.2025 and said compromise has been verified on 24.06.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal case relating to F.I.R./ Case Crime No.459/2021. 8. In view of the above, as the applicants and opposite parties have entered into compromise on 29.05.2025 and no grievance remains to be agitated and as such, further criminal proceedings in the aforementioned A482 No. 7755 of 2025 2
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, the criminal proceeding of Case No.-93385/2024 (State Vs. Suraj Prasad Yadav and Others), arising out of Case Crime No. 459/2021, Under Sections 323, 452, 504, 380 IPC, Police Station PGI, District Lucknow, is hereby quashed. 10. The compromise shall be part of this order. 11.
The application is allowed accordingly. 12. Consigned to record. September 16, 2025 Mohd. Sharif A482 No. 7755 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench