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2025 DAILYLAW 165513 (ALL)

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

A482/7945/2025 · 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. - 7945 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Vakalatnama filed by Shri S.S. Verma, 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, Shri S.S. Verma, 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 charge-sheet No.95/2004, dated 23.08.2004 submitted in Case Crime No. 142/2004, U/s- 147/323/504/506 IPC, Police Station Talkatora, Lucknow alongwith summoning order dated 20.10.2004 and entire proceedings of Case No.3628/2005 pending before ACJM-III, Court No.27, Lucknow in the light of compromise dated 17.07.2025. 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 17.07.2025. 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 28.07.2025, the verification was done and report has been submitted to this Court vide order dated 28.08.2025. 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) : Shailendra Misra Counsel for Opposite Party(s) : G.A. Sharad 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 17.07.2025 and said compromise has been verified on 28.08.2025 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.142/2004. 8. In view of the above, as the applicants and opposite parties have entered into compromise on 17.07.2025 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.3628/2005 arising out of Case Crime No. 142/2004, U/s- 147/323/504/506 IPC, Police Station Talkatora, 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. 7945 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench