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2025 DAILYLAW 169784 (ALL)

SHIVA AND OTHERS v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO. AND OTHERS

CRLP/9506/2024 · 2025-01-06

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:658-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9506 of 2024 Petitioner :- Shiva And Others Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Rajesh Kumar Sharma Counsel for Respondent :- G.A.,Prabhu Sharan Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State and Sri Prabhu Saran, learned counsel for respondent No.4. 2. By means of this writ petition, the petitioners have sought quashing of the First Information Report dated 06.11.2024 bearing FIR/Case Crime No.0359 of 2024, under Sections 376 and 504 I.P.C., Police Station Makhi, District Unnao. Petitioners also pray for quashing of entire criminal proceeding in the aforesaid case crime number. 3. On 13.12.2024, parties were directed to appear before the Senior Registrar for verification of compromise. 4. The report of the Senior Registrar of this Court dated 17.12.2024 is on record, according to which, he has verified the compromise on 17.12.2024. The original compromise is on record which has been annexed as Annexure-5 to the writ petition. 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 06.11.2024 bearing FIR/Case Crime No.0359 of 2024, under Sections 376 and 504 I.P.C., Police Station Makhi, District Unnao. 6. Learned counsel for the parties state that the petitioner No.1 and respondent No.4 have married and are living happily as husband and wife, thus, they submit that the respondent No.4 does not want to continue the aforesaid criminal proceedings against the petitioners. 7. Intent is clear, the complainant, 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 :- 6.1.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench