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2025 DAILYLAW 163071 (ALL)

SURAJ CHAURASIYA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NA528/1177/2025 · 2025-09-09

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1177 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Vakalatnama filed today by Sri Dinesh Kumar, Advocate, on behalf of opposite party no. 2 is taken on record. Heard learned counsel for the applicants, Sri Dinesh Kumar, learned counsel appearing for opposite party no. 2 and learned AGA for the State as well as perused the material placed on record. By means of the instant application, the applicants have prayed for quashing of the entire proceedings of Case CIR No. 22098 of 2025, arising out of FIR No. 553 of 2024, under Sections 74, 115(2), 352 of BNS, Police Station Biswan, District Sitapur, pending in the court of ACJ(SD), court no. 2/ACJM, Sitapur, on the basis of compromise dated 05.08.2025. Learned counsel for the applicants submits that due to certain misunderstanding, the instant FIR 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. Thereafter, the applicants filed an Application U/s 528 of BNSS No. 941 of 2025, wherein this Court vide order dated 11.08.2025 had directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 26.08.2025. 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 Versus Counsel for Applicant(s) : Lalji Prasad Shukla Counsel for Opposite Party(s) : G.A., Dharana Yadav Suraj Chaurasiya And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) instant matter would amount to harassment and, thus, the instant criminal proceedings against the applicants may be quashed. Learned counsel appearing for 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. Learned counsel for the State has no objection to the submissions aforesaid. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 05.08.2025 and said compromise has been verified on 26.08.2025 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. In view of the above, as the applicants and opposite parties have entered into compromise on 05.08.2025 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. Resultantly, the proceedings of Case CIR No. 22098 of 2025, arising out of FIR No. 553 of 2024, under Sections 74, 115(2), 352 of BNS, Police Station Biswan, District Sitapur, are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly. September 9, 2025 kkv/ NA528 No. 1177 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench