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2025 DAILYLAW 202672 (ALL)

PARVEZ ALAM @ PARVEZ @ JANU AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/9113/2025 · 2025-10-28

Pramod Kumar Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9113 of 2025 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Vakalatnama filed by Shri Harish Kumar, Advocate, on behalf of the opposite party no.2 is taken on record. Heard, learned counsel for the applicants, learned A.G.A. for the State, Sri Harish Kumar, learned counsel for the opposite party no.2 and perused the record. By means of the instant petition, the petitioners have prayed for quashing of the entire proceeding of Case no. 165 of 2017, State vs Parvez @ Janu, arising out of Case Crime No. 463/16, under Sections 452, 323, 504 and 506 IPC, relating to Police Station - Thakurganj, District - Lucknow, including the impugned charge sheet no. 331/16 dated 23/5/2016, on the basis of the compromise entered into between the parties. Learned counsel for the applicants submits that due to certain misunderstanding, the instant F.I.R. was lodged against the applicants. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 26.09.2025. Thereafter, the applicants filed an Application U/S 482 No.8615 of 2025, wherein this Court has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 15.10.2025. He submits that now there is no dispute in between the parties and they have settled their dispute. He submits that further criminal proceedings in the instant matter would amount to harassment and, thus, the instant criminal proceedings arising out of Case Case Crime No. 463/16 may be quashed. Learned counsel for the opposite party no.2 has also supported the version of the learned counsel for the applicants and submits that parties have amicably settled their dispute and the opposite party no.2 has no grievance, hence, criminal proceedings against the applicants may be dropped. Learned counsel for the State has no objection to the submissions aforesaid. Versus Counsel for Applicant(s) : Vishwajeet Singh, Moni Singh Counsel for Opposite Party(s) : G.A. Parvez Alam @ Parvez @ Janu And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 26.09.2025 and said compromise has been verified on 15.10.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings relating to Case Crime No. 463/16. In view of the above, as the applicants and opposite parties have entered into compromise on 26.09.20285 and no grievance remains to be agitated and, as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgments of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation (2008) 9 SCC 677; Manoj Sharma Vs. State and others, (2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab (2014) 6 SCC 466. Accordingly, entire criminal proceedings proceeding of Case no. 165 of 2017, State vs Parvez @ Janu, arising out of Case Crime No. 463/16, under Sections 452, 323, 504 and 506 IPC, relating to Police Station - Thakurganj, District - Lucknow, including the impugned charge sheet no. 331/16 dated 23/5/2016, are hereby quashed. The compromise shall be part of this order. The application is allowed accordingly. Consigned to records. October 28, 2025 Haseen U. A482 No. 9113 of 2025 2 (Pramod Kumar Srivastava,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench