SURAJ KUMAR SONKAR ALIAS SURAJ SONKAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LUCKNOW AND OTHERS
/9365/2024 · 2025-01-08
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[ 2025 DAILYLAW 169559 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169559 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:1379-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9365 of 2024 Petitioner :- Suraj Kumar Sonkar Alias Suraj Sonkar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lucknow And Others Counsel for Petitioner :- Mohit Sharma,Ashok Kumar Verma Counsel for Respondent :- G.A.,Hari Govind Dubey,Radhey Govind Dubey Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State and learned counsel for respondent No.4.
2. By means of this writ petition, the petitioner has sought quashing of the First Information Report dated 14.10.2024 bearing Case Crime No.0179 of 2024, under Sections 115(2),352,351(2),109,288 of Bharatiya Nyaya Sanhita, 2023, Police Station Nawabganj, District Pratapgarh. Petitioners also pray for quashing of entire criminal proceeding in the aforesaid case crime number.
3. On 18.12.2024, parties were directed to appear before the Senior Registrar for verification of compromise.
4. The report of the Senior Registrar of this Court dated 03.01.2025 is on record, according to which, he has verified the compromise on 03.01.2025. The original compromise is on record which has been annexed as Annexure-SA-1 to the supplementary affidavit.
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 14.10.2024 bearing Case Crime No.0179 of 2024, under Sections 115(2),352,351(2),109,288 of Bharatiya Nyaya Sanhita, 2023, Police Station Nawabganj, District Pratapgarh.
6. Learned counsel for the parties state that now the parties have settled their dispute amicably and they do not want to pursue
this case any further.
7. Intent is clear, the respondent No.4, 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. [Om Prakash Shukla, J.] [Vivek Chaudhary, J.]
Order Date :- 8.1.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench