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2025 DAILYLAW 160398 (ALL)

MAHESH @ MAHESH PRASAD v. STATE OF U.P. THRU. SECY. HOME, LKO. AND ANOTHER

A482/8467/2024 · 2025-08-11

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46800 Court No. - 14 Case :- APPLICATION U/S 482 No. - 8467 of 2024 Applicant :- Mahesh @ Mahesh Prasad Opposite Party :- State Of U.P. Thru. Secy. Home, Lko. And Another Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A.,Alok Mishra Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State, Shri Alok Mishra, learned counsel for the opposite party no.2 and perused the record. 2. By means of the instant application, the applicant has prayed to quash the entire proceeding of Criminal Case No.5256 of 2019 (State Vs Mahesh) arising out of Case Crime No.317/2018, under Sections 354, 323, 506 I.P.C., PS- Pisawan, District- Sitapur, pending in the court of Civil Judge (Senior Division)/FTC, Sitapur, the in the light of compromise dated 16.08.2024. 3. 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 16.08.2024. 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 05.03.2024, the verification was done and report dated 16.08.2024 has been submitted to this Court. 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.317/2018, may be quashed. 4. 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. 5. Learned counsel for the State has no objection to the contention aforesaid. 6. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 16.08.2024 and said compromise has been verified on 16.08.2024 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.317/2018. 7. In view of the above, as the applicant and opposite parties have entered into compromise on 16.08.2024 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. 8. Accordingly, criminal proceedings with regard to Criminal Case No.5256 of 2019 (State Vs Mahesh) arising out of Case Crime No.317/2018, under Sections 354, 323, 506 I.P.C., PS- Pisawan, District- Sitapur, pending in the court of Civil Judge (Senior Division)/FTC, Sitapur, the in the light of compromise dated 16.08.2024 are hereby quashed. 9. The compromise shall be part of this order. 10. The application is allowed accordingly. 11. Consigned to record. Order Date :- 11.8.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench