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2025 DAILYLAW 167085 (ALL)

DANISH @ MOHD. UMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS

NA528/1385/2025 · 2025-09-25

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1385 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Vakalatnama filed by Shri Abhinav Srivastava, Advocate, on behalf of the opposite party nos.2 to 4 is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State, Shri Abhinav Srivastava, learned counsel for the opposite party no.2 to 4. 3. By means of the instant application, the applicants have prayed for quashing of the entire criminal proceedings of Criminal Misc. Case No.572 of 2025, arising out of FIR/Case Crime No.0001 of 2025, under Sections 115(5), 351 (2), 351 (3), 3 (5) of BNSS, Police Station- Kotwali Nagar, District- Sultanpur pending before learned Chief Judicial Magistrate on the basis of compromise executed between the parties on 25.08.2025. 4. Learned counsel for the applicants submits that due to certain misunderstanding, the instant F.I.R. 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 on 25.08.2025. Thereafter, the applicants filed an Application U/S 482, wherein by means of the order dated 23.009.2025, this Court has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 12.09.2025. 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 arising out of FIR/Case Crime No.0001 of 2025 may be quashed. 5. Learned counsel for the opposite party no.2 has also supported the 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. 6. Learned counsel for the State has no objection to the submissions aforesaid. Versus Counsel for Applicant(s) : Satyendra Nath Mishra Counsel for Opposite Party(s) : G.A. Danish @ Mohd. Umar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Opposite Party(s) 8. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 25.08.2025 and said compromise has been verified on 12.09.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings relating to FIR/Case Crime No.0001 of 2025, In view of the above, as the applicants and opposite parties have entered into compromise on 25.08.2025 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 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. 9. Accordingly, Criminal Misc. Case No.572 of 2025, arising out of FIR/Case Crime No.0001 of 2025, under Sections 115(5), 351 (2), 351 (3), 3 (5) of BNSS, Police Station- Kotwali Nagar, District- Sultanpurare hereby quashed. 10. The compromise shall be part of this order. 11. The application is allowed accordingly. 12. Consigned to records. September 25, 2025 Haseen U. NA528 No. 1385 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench