SANTOSH JOSHI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 2 OTHERS
A482/7528/2025 · 2025-09-09
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163131 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163131 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7528 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following prayer:-
"1. That it is most respectfully prayed that this Hon'ble Court may kindly be pleased toset aside/quash the charge sheet dated 09.08.2019 as well as the entire criminal proceedings in Case no. 32768 of 2021 (State Vs. Santosh Joshi) which is pending in the court of Additional Chief Judicial Magistrate Fourth, Lucknow in connection with Case Crime No. 278 of 2019 dated 02.08.2019 in Police Station- Vikas Nagar, District- Lucknow, against the Applicant under section 279 and 338 of the Indian Penal Code, 1860.
2. That it is further prayed that during the pendency of the instant Petition, this Hon'ble Court may kindly be pleased to stay further proceedings of the criminal proceedings in Case No. 32768 of 2021 (State vs Santosh Joshi), pending in the court of the Learned AdditionalChief Judicial Magistrate-Fourth, Lucknow."
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
28.11.2024. 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 03.07.2025, the verification was done and report has been submitted to this Court vide order dated 25.07.2025. He submits that further criminal proceeding in the instant matter would amount to harassment and thus the instant criminal proceeding arising out of F.I.R./ Case Crime No.278 of 2019 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 Versus Counsel for Applicant(s) : Desh Deepak Singh, Pradeep Pandey Counsel for Opposite Party(s) : G.A. Santosh Joshi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 2 Others .....Opposite Party(s)
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 28.11.2024 and said compromise has been verified on 25.07.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal case relating to F.I.R./ Case Crime No.278 of 2019.
7. In view of the above, as the applicant and opposite parties have entered into compromise on 28.11.2024 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, the criminal proceeding of Case no. 32768 of 2021 (State Vs. Santosh Joshi), arising out of Case Crime No. 278 of 2019, under Sections 279, 338 of IPC, Police Station Vikas Nagar, District Lucknow, is hereby quashed.
9. The compromise shall be part of this order.
10. The application is allowed accordingly.
11. Consigned to record. September 9, 2025 Mohd. Sharif A482 No. 7528 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench