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2025 DAILYLAW 165277 (ALL)

RIZWAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS

A482/7934/2025 · 2025-09-19

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7934 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Vakalatnama filed by Sri Chetan Kumar Tiwari, Advocate on behalf of opposite party no.2 & 3 is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State, Sri Chetan Kumar Tiwari, learned counsel for the opposite party no.2 & 3 and perused the record. 3. By means of the instant application, the applicant has prayed to quash the entire proceeding of entire criminal proceeding of Session Trial No. 45/2019 pending in court of Learned Session Judge, Shrawasti as well as charge sheet dated 10.11.2018, submitted in Case Crime No. 234/2018, under Sections 363 and 366 IPC, Police Station- Malhipur, District- Shravasti, in terms of compromise deed 18.08.2025. 4. 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 18.08.2025. 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 27.08.2025, the verification was done and report has been submitted to this Court vide order dated 27.08.2025. He submits that further criminal proceeding in the instant matter would amount to harassment and Versus Counsel for Applicant(s) : Arvind Kumar Tiwari Counsel for Opposite Party(s) : G.A. Rizwan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others .....Opposite Party(s) thus the instant criminal proceeding arising out of Case Crime No. 234/2018 may be quashed. 5. Learned counsel for the opposite party no.2 & 3 has also supported the contention of the learned counsel for the applicants and submits that parties have amicable settled their dispute and the opposite party no. 2 & 3 as no grievance, hence, criminal proceedings against the applicants may be dropped. 6. Learned counsel for the State has no objection to the contention aforesaid. 7. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 18.08.2025 and said compromise has been verified on 02.09.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal case relating to Case Crime No. 234/2018. 8. In view of the above, as the applicant and opposite parties have entered into compromise on 18.08.2025 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 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 . 9. Accordingly, criminal proceedings with regard to Session Trial No. 45/2019 pending in court of Learned Session Judge, Shrawasti as well as charge sheet dated 10.11.2018, submitted in Case Crime No. 234/2018, under Sections 363 and 366 IPC, Police Station- Malhipur, District- Shravasti are hereby quashed. 10. The compromise shall be part of this order. A482 No. 7934 of 2025 2 11. The application is allowed accordingly. 12. Consigned to record. September 19, 2025 V. Sinha A482 No. 7934 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench