SONU AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
/9489/2024 · 2025-01-07
Om Prakash Shukla, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 172680 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 172680 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:1262-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9489 of 2024 Petitioner :- Sonu And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Arvind Kumar Verma,Harish Kumar Counsel for Respondent :- G.A.,Suraj Kumar Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J. Heard learned counsel for the petitioners, learned A.G.A. for the State as well as learned counsel for the private respondent and perused the record. By means of this writ petition, the petitioners have sought quashing of the First Information Report dated 02.12.2024 registered as Case Crime /F.I.R. No.0317/2024 under Section 303(2) of Bhartiya Nyaya Sanhita (B.N.S.), 2023 and Section 4/10 of Uttar Pradesh Protection of Trees in Rural and Hill Areas Act, 1976, registered at Police Station - Safipur, District - Unnao. On 16.12.2024, this Court had passed the following order:-
"Supplementary Affidavit filed today is taken on record. Heard learned counsel for petitioners, learned A.G.A. for the State and perused the records. Sri Suraj Kumar, Advocate has appeared on behalf of opposite party no.3 and filed Power, the same is taken on record. This petition seeks issuance of a writ for quashing the F.I.R. dated 02.12.2024 bearing Case Crime No.0317 of 2024, under Section 303(2) of Bhartiya Nyay Sanhita, 2023 and Section 4/10 of Uttar Pradesh Protection of Trees in Rural and Hill Areas Act, 1976, Police Station Safipur, District Unnao.
Learned counsel for the petitioners has drawn attention of this Court towards Annexure No.SA-1 to the supplementary affidavit, which is an original compromise deed entered into between the petitioners and opposite party no.3.
Learned counsel for both the parties state that parties have entered into a compromise and they are not willing to contest the case against each other.
So as to verify the contents and parties of the compromise deed, let the original deed of compromise be sent to the Senior Registrar of this Court. On 03.01.2025, parties shall appear before the Senior Registrar for the purpose of verification of compromise deed as well as parties. The Senior Registrar of this Court after due verification shall submit his report before this Court. List this case on 07.01.2025. Since the parties appear to have compromised the issues amongst themselves, we hereby direct that till the next date of listing, petitioners shall not be arrested in connection with impugned F.I.R. dated 02.12.2024 bearing Case Crime No.0317 of 2024, under Section 303(2) of Bhartiya Nyay Sanhita, 2023 and Section 4/10 of Uttar Pradesh Protection of Trees in Rural and Hill Areas Act, 1976, Police Station Safipur, District Unnao." The Report of learned Senior Registrar of this Court dated 03.01.2025 is on record, according to which, the parties have settled their dispute amicably by way of compromise. According to the terms of the compromise, which is enclosed with this petition, both the parties have decided not to contest the case against each other and informant/opposite party No.3 shall not have any objection if the Criminal Misc. Writ Petition No.9489 of 2024 is allowed and the impugned F.I.R. is quashed.
Learned counsel for the respondent No.3 did not dispute to the same rather, he has stated that the parties have settled their dispute and the respondent No.3 has no grievance. As the parties have settled their dispute amicably, we see no reason to allow the investigation to proceed in pursuance to the impugned FIR. We, accordingly, quash the impugned First Information Report dated 02.12.2024 registered as F.I.R./Case Crime No.0317/2024 under Section 303(2) of Bhartiya Nyaya Sanhita (B.N.S.), 2023 and Section 4/10 of Uttar Pradesh Protection of Trees in Rural and Hill Areas Act, 1976, registered at Police Station - Safipur, District - Unnao and all proceedings/investigation which may have been held consequent thereto are also quashed and the writ petition is allowed. Learned A.G.A. shall communicate this order to the court concerned as well as investigating officer.
Order Date :- 7.1.2025 Reena/- (Om Prakash Shukla,J.) (Vivek Chaudhary,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench