DURGA PRASAD AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
/9870/2023 · 2025-09-23
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164202 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164202 (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. - 9870 of 2023 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Supplementary affidavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the applicants, Sri Mohd. Amir Shazad, learned counsel 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 chargesheet no. 01 of 2019, dated 02.09.2019 in Case No. 2078 of 2020; State Vs. Sanjay Kumar etc., arising out of Case Crime No. 0352 of 2019, under Sections 420, 504, 506, 467, 471 and 468 of IPC, Police Station Chowk, District Lucknow, as well as entire proceedings in pursuance thereof, on the basis of compromise dated 28.09.2024.
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 482 No. 9870 of 2023, wherein this Court vide order dated 23.04.2025 had directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 06.05.2025. 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, thus, the instant criminal proceedings against the applicants may be quashed.
Learned counsel appearing for opposite party no. 2 has also supported the Versus Counsel for Applicant(s) : Brihaspati Mani Pathak, Arpit Chaudhary, Arshad Jameel, Mohd. Talha Counsel for Opposite Party(s) : G.A., Arti Rawat, Kahkashan Zaidi, Mohd Amir Shazad Durga Prasad And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s)
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 28.09.2024 and said compromise has been verified on 06.05.2025 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 28.09.2024 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 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 No. 2078 of 2020, arising out of Case Crime No. 0352 of 2019, under Sections 420, 504, 506, 467, 471 and 468 of IPC, Police Station Chowk, District Lucknow, are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly. September 23, 2025 kkv/ A482 No. 9870 of 2023 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench