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2025 DAILYLAW 33395 (ALL)

ANAND KUMAR SRIVASTAVA @ ASHISH KUMAR v. STATE OF U.P. AND 2 OTHERS

CRLP/5661/2025 · 2025-04-08

Mohd Azhar Husain Idrisi, Siddharth

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:51679-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 5661 of 2025 Petitioner :- Anand Kumar Srivastava @ Ashish Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Tiwari,Devbrat Dwivedi,Subhash Chandra Tiwari Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard Sri Devbrat Dwivedi, learned counsel for petitioner, Sri V. M. Zadi, learned Senior Counsel, assisted by Sri Shakti Shankar Tiwari, learned counsel for respondent no.3, learned AGA for the State-respondents and perused the material on record. 2. The writ petition has been filed praying for quashing the First Information Report dated 13.09.2022, registered as Case Crime No.0256 of 2022, under Sections 406, 420, 467, 468, 471, 506, IPC, Police Station Kakod, District Bulandshahr. 3. Learned counsel for the respondent no.3 submits that parties have settled their dispute out side of the court. He has already filed a short counter affidavit dated 25.03.2025, sworn by respondent no.3, wherein it has been stated that the parties have settled their dispute out side of the court and the respondent no.3 has no objection in case the impugned FIR is quashed by this Court, as against the petitioner only. 4. Learned counsel for the petitioner submitted that FIR can be quashed in part against an accused and has relied upon the judgment of Apex Court, passed in the case of "Haji Iqbal @ Bala through S.P.O.A. Vs. State of U.P. & Others, in Criminal Appeal No.2343 of 2023, arising out of S.L.P. (Criminal) No.2988 of 2023, decided on 08.08.2023. 5. Learned A.G.A has opposed the prayer for quashing of FIR. 6. Impugned FIR dated 13.09.2022 is quashed with regard to petitioner only. 7. The writ petition is accordingly allowed. Order Date :- 9.4.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad