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2025 DAILYLAW 158530 (ALL)

RADHESHYAM v. STATE OF U.P. THRU. SECY. DEPTT. HOME LKO. AND ANOTHER

A482/6822/2025 · 2025-08-21

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49247 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6822 of 2025 Applicant :- Radheshyam Opposite Party :- State Of U.P. Thru. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Mr. Israr Siddiqui, 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 applicant, learned A.G.A. for the State, Mr. Israr Siddiqui, 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 graciously be pleased to pass an order thereby allowing the petition and quash the entire proceedings of case bearing Case No.1000/16/05, Case Crime No.175/2004, Under Section 324,323,504 I.P.C. Police Station- Gaura Chauraha, District Balrampur "State Verses Sahdev and another" pending in the court of Civil Judge (S.D.)/A.C.J.M., Balrampur on the basis of compromise between the parties concern in the light of several law laid down by this Hon'ble Court as well as Hon'ble Apex Court." 4. The learned counsel for the applicant submits that due to certain misunderstanding, the instant FIR was lodged against the applicant and thereafter the parties sat together and has amicably settled their dispute which has been reduced in writing on 11.12.2024. He added that thereafter the applicant filed the instant application for direction to the trial Court to verify the compromise deed and in compliance of the order dated 28.01.2025, the verification was done and report has been submitted to this Court vide order dated 26.03.2025. 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.175 of 2004 may be quashed. 5. Learned counsel for the opposite party no.2 has also supported the contention of the learned counsel for the applicant and submits that parties have amicable settled their dispute and the opposite party no. 2 has no grievance, hence, criminal proceedings against the applicant 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 11.12.2024 and said compromise has been verified on 26.03.2025 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.175 of 2004. 8. In view of the above, as the applicant and opposite parties have entered into compromise on 11.12.2024 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, the criminal proceedings with regard to Case No.1000/16/05 "State Verses Sahdev and another", arising out of Case Crime No.175 of 2004, under Sections 324, 323, 504 I.P.C., Police Station Gaura Chauraha, District Balrampur, are hereby quashed. 10. The compromise shall be part of this order. 11. The application is allowed accordingly. 12. Consigned to record. Order Date :- 21.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench