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2025 DAILYLAW 168985 (ALL)

M/S GRIHST VIHAR INFRATECH PVT. LTD. THRU. DIRECTOR MR. RAJESH MAHATA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECU. HOME GOVT. CIVIL LKO AND 2 OTHERS

CRLP/8849/2024 · 2025-02-28

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12367-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8849 of 2024 Petitioner :- M/S Grihst Vihar Infratech Pvt. Ltd. Thru. Director Mr. Rajesh Mahata And Another Respondent :- State Of U.P. Thru. Prin. Secu. Home Govt. Civil Lko And 2 Others Counsel for Petitioner :- Shailender Singh,Abhay Raj Sharan,Ankit Tiwari Counsel for Respondent :- G.A.,Shobhit Nigam Hon'ble Vivek Chaudhary, J. Hon'ble Brij Raj Singh, J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State-opposite parties no.1 and 2 and Sri Shobhit Nigam, learned counsel for opposite party no.3. 2. By means of this writ petition, the petitioners have sought quashing of the First Information Report dated 08.07.2024 bearing Case Crime No.460 of 2024, under Sections 406 and 420 IPC, Police Station Deva, District Barabanki. Petitioners also pray for quashing of the entire criminal proceedings in the aforesaid case crime number. 3. On 16.01.2025, parties were directed to appear before the Senior Registrar for verification of compromise. 4. The report of the Senior Registrar of this Court dated 18.01.2025 is on record, according to which, he has verified the compromise on 18.01.2025. The original compromise is on record which has been annexed as Annexure-SA-1 to the supplementary affidavit filed on 28.11.2024. 5. According to the terms of the compromise, parties have decided to withdraw all the cases filed by them against each other including F.I.R. dated 08.07.2024 bearing Case Crime No.460 of 2024, under Sections 406 and 420 IPC, Police Station Deva, District Barabanki. 6. Learned counsel for the parties state that the money under the said compromise is already paid/settled between the parties. 7. Intent is clear, the informant, who is a signatory to the compromise, does not want to press the FIR, therefore, no purpose would be served in allowing the proceedings even if charge sheet has been filed before the court below to go on considering the nature of the dispute. 8. Accordingly, the impugned FIR, which is the basis to serve consequential proceedings of investigation and thereafter filing of charge sheet, if any, is hereby quashed. Consequently, all proceedings taken consequent to the lodging of the FIR including charge sheet, if any, filed before the court below stand quashed. 9. The writ petition is, accordingly, allowed. 10. The Senior Registrar of this Court shall communicate this order to the court concerned for correcting its record, accordingly. 11. Learned AGA shall communicate this order to the investigating officer. . (Brij Raj Singh, J.) (Vivek Chaudhary, J.) Order Date :- 28.2.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench