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2025 DAILYLAW 165294 (ALL)

MAHENDRA PRASAD MISHRA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/7946/2025 · 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. - 7946 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Vakalatnama filed by Mr. Sudhir Kumar, Advocate on behalf of opposite party no.2 is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State, Mr. Sudhir Kumar, learned counsel for the opposite party no.2 and perused the record. 3. By means of the instant application, the applicants have prayed to quash the entire proceedings of Case No.85460 of 2023 arising out of Case Crime No. 298 of 2022, State V/s Mahendra Prasad Mishra and Another, Under- Section: 406,420 I.P.C, lodged at Police Station: PGI, District: Lucknow, as well as Charge-sheet No.01 of 2022, dated 8.01.2023, pending in the Court of CJM, District: Lucknow, in the light of compromise dated 13.08.2025. 4. The learned counsel for the applicants submits that due to certain misunderstanding, the instant FIR was lodged against the applicants and thereafter the parties sat together and has amicably settled their dispute which has been reduced in writing on 13.08.2025. He added that thereafter the applicants filed the instant application for direction to the trial Court to verify the compromise deed and in compliance of the order dated 23.06.2025, the verification was done and report has been submitted to this Court vide order dated 01.09.2025. He submits that further criminal proceeding in the instant matter would amount to harassment and thus the instant criminal proceeding arising out of Case Crime No.375 of 2019 may be quashed. Versus Counsel for Applicant(s) : Rajesh Kumar Counsel for Opposite Party(s) : G.A. Mahendra Prasad Mishra And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 5. Learned counsel for the opposite party no.2 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 has 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 13.08.2025 and said compromise has been verified on 01.09.2025 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.298/2022. 8. In view of the above, as the applicants and opposite parties have entered into compromise on 13.08.2025. 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 Case No.85460 of 2023 arising out of Case Crime No. 298 of 2022, State V/s Mahendra Prasad Mishra and Another, Under- Section: 406,420 I.P.C, lodged at Police Station: PGI, District: Lucknow are hereby quashed. 10. The compromise shall be part of this order. 11. The application is allowed accordingly. 12. Consigned to record. September 19, 2025/V. Sinha A482 No. 7946 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench