SHIVBEER @ SONU AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NA528/1183/2025 · 2025-09-15
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163027 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163027 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1183 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Since the matter is being decided at the admission stage, therefore, notice to the opposite party no.2 is hereby dispensed with. 2. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 3. By means of the instant application, the applicants have prayed to quash the entire proceeding of Case No.88 of 2025 (State Vs. Shivveer @ Sonu) arising out of Case Crime No.0197 of 2024 U/S 498A, 323, 324, 504, 506, 354, 326 of IPC, Section 3/4 of DP Act, PS- Fatehpur Chaurasi, District- Unnao including the charge sheet dated 10.11.2024 as well as the cognizance order dated 03.12.2024 passed by the Civil Judge (J.D.), F.T.C., Unnao. 4. The learned counsel for the applicants submits that initially the FIR No.0197 of 2024 U/S 498A, 323, 324, 504, 506, 354, 326 of IPC, Section 3/4 of DP Act, PS- Fatehpur Chaurasi, District- Unnao was lodged against the applicant and consequently, the matter was referred to the Mediation and Conciliation Centre of this Court, wherein, the parties had settled their dispute. He further submits that the FIR has been quashed by the Coordinate Division Bench of this Court in Criminal Misc. Writ Petition No.7073 of 2024 vide order dated 15.04.2025 with the following observations:
"1. Heard learned counsel for the petitioners, learned A.G.A. for the State and Versus Counsel for Applicant(s) : Anil Mishra Counsel for Opposite Party(s) : G.A. Shivbeer @ Sonu And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
learned counsel for opposite party no.5. 2. By means of this writ petition, the petitioners have sought quashing of the First Information Report dated 09.07.2024 registered as F.I.R./Case Crime No.0197 of 2024, under Sections 85, 115(2), 118(1), 352, 351(2) of BNS., and Section 3/4 D.P. Act, Police Station Fatehpur Chaurasi, District Unnao. 3. The Mediation and Conciliation Center, High Court, Lucknow has submitted its report dated 21.03.2025 along with the settlement entered into between the parties, whereby the parties have settled their dispute amicably. 4. According to the terms of the compromise, parties have settled their dispute amicably. They have also filed divorce under Section 13 B of Hindu Marriage Act.
The parties have further agreed to withdraw the cases filed against each other including First Information Report dated 09.07.2024 registered as F.I.R./Case Crime No.0197 of 2024, under Sections 85, 115(2), 118(1), 352, 351(2) of BNS., and Section 3/4 D.P. Act, Police Station Fatehpur Chaurasi, District Unnao. 5. Learned counsel for the parties state that even the amount under the said agreement stands settled between the parties and that there are no further claims or demands against each other with respect to the matter involved in the present writ petition. 6. Considering the terms of settlement, we, accordingly, quash the FIR. All proceedings/investigation which may have been held consequent thereto are also quashed and the writ petition is allowed. 7. The Senior Registrar of this Court shall communicate this order to the Court concerned for correcting its record, accordingly. 8. Learned AGA shall communicate this order to the investigating officer concerned. "
5. Learned counsel for the applicant next submits that now there is no criminal proceeding pending and since the applicants were in jail, therefore, they were not the part of the compromise deed and thus, at this stage, no criminal proceeding can go on, when there is no existence of the FIR itself. Therefore, submission is that the criminal proceeding which is running on honest facts and grounds may also be quashed. 6. Learned counsel for the State has raised objection to the contentions NA528 No. 1183 of 2025 2
aforesaid. 7. Considering the submissions of the learned counsel for the parties and going through the contents of present application, particularly, the fact that the matter is arsing out of a matrimonial dispute, which was referred to the Mediation and Conciliation Centre of this Court, wherein the other parties except the present applicants, appeared and the matter was settled and on the basis of settlement agreement, the Coordinate Division Bench, has quashed the first information report. 8. From the perusal of the order dated 15.04.225, it is evident from the paragraph no.6 that the criminal proceeding has been quashed.
In this evevt, the criminal proceeding against the applicants is honest and nullity. 9. Accordingly, the present application is allowed and the criminal proceedings, if any, running against the applicants are hereby quashed. 10. Consequences to follow. September 15, 2025 V. Sinha NA528 No. 1183 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench