AMIT MAVI AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/20220/2025 · 2025-10-06
body2025
DailyLaw.ai
[ 2025 DAILYLAW 194452 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 194452 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20220 of 2025
Connected with CRIMINAL MISC. WRIT PETITION No. - 20323 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J.
HON'BLE DR. AJAY KUMAR-II, J.
1. Heard Mr. Satyam Srivastava, Advocate, holding brief of Mr. Shagun K. Saran, the learned counsel for petitioners-Amit Mavi and 2 Others in Criminal Misc. Writ Petition No. 20220 of 2025 (Amit Mavi and 2 Others Vs. State of U.P. and Others), Mr. Atul Srivastava, the learned counsel for petitioners-Arjun Vinod Kumar Sharma And 3 Others in Criminal Misc. Writ Petition No. 20323 of 2023 (Arjun Vinod Kumar Sharma And 3 Others Vs. State of U.P.) and the learned A.G.A. for State-respondents. 2. Both the aforementioned writ petitions have been filed by petitioners challenging the FIR dated 08.07.2025 registered as Case Crime No. 0085 of 2025, under Sections 420, 467, 468, 471, 120-B, 34 IPC, Police Station-Expressway, District-Gautam Budh Nagar. 3. Mr. Ashish Srivastava, the learned counsel representing first informant- Versus Counsel for Petitioner(s) : Shagun K. Saran, Suchita Mehrotra Counsel for Respondent(s) : G.A. Versus Counsel for Petitioner(s) : Atul Srivastava Counsel for Respondent(s) : Ashish Srivastava, G.A. Amit Mavi And 2 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Arjun Vinod Kumar Sharma And 3 Others .....Petitioner(s) State Of Up And 3 Others .....Respondent(s)
respondent-4 has filed a short counter affidavit in Court today, which is taken on record. 4. Counsel for the parties jointly submits that during the pendency of present writ petitions, the matter has been settled amicably inasmuch as, the amount due to respondent-4 stands paid by the company. It is further submitted that the petitioners Amit Mavi and Others are the Ex-Directors of the company and they had resigned before the commercial relationship came into existence between the parties i.e. the company and respondent-
4. As such, petitioners Amit Mavi and Others cannot be saddled with any liability under the agreement so entered into between the company and respondent-4. 5. It is then submitted by the the learned counsel for petitioners-Amit Mavi and Others that since the liability against the company stands paid to respondent-4, therefore, the dispute, if any, between the present Directors of the company and respondent-4 has now come to end. As such, the FIR giving rise to present criminal misc. writ petition is liable to be quashed by this Court.
6. Learned A.G.A. representing respondents 1 to 3 submits that the dispute between the parties is a purely private dispute. As per the allegations made in the FIR, no criminality is alleged to have been committed against State. He, therefore, submits that he cannnot have any objection, in case, the present writ petition is decided by this Court taking into consideration the settlement arrived at between the parties. 7. Mr. Ashish Srivastava, the learned counsel representing first informant- respondent-4 contends that it is an admitted fact to respondent-4 that the matter has been amicably settled between the present Directors of the company and first informant-respondent-4 inasmuch as the amount due to respondent-4 stands paid by the company/present Directors. He also submitted that now respondent-4 has no grievance against present petitioner. As such, he cannot have any objection, in case, the present writ petition is allowed and the impugned FIR is quashed by this Court. 8. Having heard the learned counsel for petitioners, the learned A.G.A. for State-respondents, Mr. Ashish Srivastav, the learned counsel representing CRLP No. 20220 of 2025 2
first informant-respondent-4 and upon perusal of record, this Court finds that the dispute between the parties is a purely private dispute. As per the allegation made in the FIR, no criminality is alleged to have been committed against State. As such, the dispute between the parties is a purely private dispute. Moreover, during the pendency of present writ petition, the parties have amicably settled their dispute. The amount payable to first informant-respondent-4, in view of the agreement entered into by the company and respondent-4, stands paid to respondent-4. As such, no cause of action survives with respondent-4 to pursue the FIR.As such, no good ground exists to sustain the criminal prosecution of petitioners. The impugned FIR is thus liable to be quashed. 9. In view of above, we, accordingly, allow the present writ petitions. 10.
The FIR dated 08.07.2025 lodged by first informant-respondent-4 and registered as Case Crime No. 0085 of 2025, under Sections 420, 467, 468, 471, 120-B, 34 IPC, Police Station-Expressway, District-Gautam Budh Nagar shall stand quashed. 11. In the facts and circumstances of the case, we make the cost easy. October 7, 2025 Vinay CRLP No. 20220 of 2025 3 (Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad