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2025 DAILYLAW 161230 (ALL)

ISRAIL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME SECTT. LKO. AND ANOTHER

A482/7293/2025 · 2025-09-02

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7293 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Sri Vivek Kumar Rawat, Advocate has put in appearance by filing Vakalatnama on behalf of opposite party no.2 and the same is taken on record. 2. Heard Sri Tusar Jain, learned counsel for the applicants, learned A.G.A. for the State, Sri Vivek Kumar Rawat, learned counsel for the opposite party no.2 and perused the material placed on record. 3. By means of the instant application, the applicants have prayed to quash the impugned charge sheet as well as proceeding of the S.T. No.-2512/2022 which is registered as case crime No.-186/2021, under sections- 323,504 I.P.C. & 3 (1) द, ध, 3(2) (va), of SC/ST Act, Police Station-Bakshi ka Talab, District-Lucknow and to set aside the Summoning order dated 17.10.2022. 4. Learned counsel for the applicants submits that due to certain misunderstanding, the instant F.I.R. 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 on 17.06.2025. Thereafter, the applicants filed an Application U/S 482 No.5383 of 2025 wherein this Court vide order dated 03.07.2025 has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 01.08.2025. 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, Versus Counsel for Applicant(s) : Arvind Kumar, Rachna Shukla, Ramraj, Tushar Jain Counsel for Opposite Party(s) : G.A., Vivek Kumar Rawat Israil And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Sectt. Lko. And Another .....Opposite Party(s) thus, the instant criminal proceedings against the applicants may be quashed. 5. Learned counsel for the 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. 6. Learned counsel for the State has no objection to the submissions 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 17.06.2025 and said compromise has been verified on 01.08.2025 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. 8. In view of the above, as the applicants and opposite parties have entered into compromise on 17.06.2025 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. 9. Accordingly, entire criminal proceedings against the applicants in S.T. No.-2512/2022 arising out of case crime No.-186/2021, under sections- 323,504 I.P.C. & 3 (1) द, ध, 3(2) (va), of SC/ST Act, Police Station-Bakshi ka Talab, District-Lucknow and the Summoning order dated 17.10.2022 are hereby quashed. 10. The compromise shall be part of this order. 11. The application is allowed accordingly. 12. Consigned to the records. September 2, 2025 Mayank A482 No. 7293 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench