AVANEESH KUMAR TIWARI AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER
A482/7955/2025 · 2025-09-18
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163896 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163896 (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. - 7955 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Sri Pankaj Kumar Singh, Advocate has put in appearance by filing Vakalatnama on behalf of the opposite party no. 2 and the same is taken on record. Heard learned counsel for the applicants, learned A.G.A. for the State, Sri Pankaj Kumar Singh, learned counsel for the opposite party no. 2 and perused the record. By means of the instant application, the applicants have prayed for quashing of the impugned Charge Sheet No. 01/2021 dated 19.04.2022 arising out of Crime No 0224/2021 U/s- 406, 420, 409 of IPC P.S. Hazaratganj, District Lucknow contained herewith as Annexure No.1 to this petition and to quash the entire proceedings of Case No.-99935/2021 in terms compromise dated 12.02.2025. It has further been prayed to quash the impugned summoning order date 09.02.2023 bearing on the aforesaid charge sheet passed by Chief Judicial Magistrate District-Lucknow in Criminal Case No. 99935/2021, State Vs Avaneesh Kumar Tiwari and others.
Learned counsel appearing for the applicants submits that due to some misunderstanding the instant FIR was lodged and thereafter, the parties sat together and they have settled their dispute and that too, has been reduced in writing as a compromise deed dated
12.02.2025. Adding his arguments, he submits that now the parties have put their all disputes at rest by way of executing compromise deed and thus further criminal proceedings against the present applicants would be a futile exercise and amount to harassment of the applicants. Versus Counsel for Applicant(s) : Pankaj Shukla Counsel for Opposite Party(s) : G.A. Avaneesh Kumar Tiwari And 5 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s)
Adding his arguments, he also submits that this Hon'ble Court vide
order dated 10.03.2025 has referred the matter for compromise verification in Application U/S 482 Cr.P.C. No. 2215 of 2025 and in compliance of the aforesaid order, both the parties have appeared before the court below and the compromise deed dated 12.02.2025 has been verified in presence of all concerned parties and the order of verification was passed on 14.08.2025 by the learned Chief Judicial Magistrate, Lucknow. He next added that now the matter has been compromised in between the parties, and as such the proceedings of Criminal Case No. 99935/2021, arising out of Case Crime No 0224/2021 U/s- 406, 420, 409 of IPC P.S. Hazaratganj, District Lucknow, may be quashed. On the other hand, learned counsel for the opposite party no.2 has also supported the version of the applicants and submits that the parties have entered into compromise deed and now there is no dispute in between the parties and thus the criminal proceeding against the applicant may be dropped. On the other hand, learned AGA appearing for the State has no objection to the contentions aforesaid. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 12.02.2025 and said compromise has been verified on 14.08.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned case, arising out of aforementioned Case Crime No. 0224 of 2021. In view of the above, as the applicants and opposite parties have entered into compromise on 12.02.2025 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 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. Resultantly, the proceedings of Criminal Case No. 99935/2021, arising out of Case Crime No 0224/2021 U/s- 406, 420, 409 of IPC P.S. Hazaratganj, District Lucknow,are hereby quashed. A482 No. 7955 of 2025 2
The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly.
September 18, 2025 AKS A482 No. 7955 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench