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2025 DAILYLAW 34087 (ALL)

VIKAS YADAV AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

CRLP/6276/2025 · 2025-05-18

Madan Pal Singh, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83823-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 6276 of 2025 Petitioner :- Vikas Yadav And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sabya Sachee Rai,Suneel Kumar Rai Counsel for Respondent :- Abhishek Gupta,G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J. 1. Short counter affidavit filed on behalf of respondent no.3 in the Court today is taken on record. 2. Heard learned counsel for the petitioners, learned counsel for respondent no.3 and the learned A.G.A. for the State- respondent. 3. This writ petition is directed against the impugned first information report dated 1st January, 2025 which came to be registered as Case Crime No. 03 of 2025, under Sections 447, 467, 468, 471 and 506 of I.P.C., Police Station-Sector-13, Commissionerate Gautam Budh Nagar. Still further, petitioner has prayed for a mandamus commanding/directing the respondents not to arrest the petitioners in pursuance of the impugned first information report. 4. From the records. we find that when certain dispute had arisen because of a particular sale-deed dated 26th November, 2022, the impugned first information report dated 1st January, 2025, Case Crime No. 03 of 2025, under Sections 447, 467, 468, 471 and 506 of I.P.C., Police Station-Sector-13, Commissionerate Gautam Budh Nagar came into existence. 5. In the instant petition, petitioners state that after resolving their dispute, the parties had entered into a compromise a copy of which had been annexed as Annexure No. 5 to the affidavit accompanying the instant petition. 6. Learned counsel for the petitioners and the learned counsel for respondent no.3 state that the compromise so entered into between the parties has also been accepted by respondent no.3 (reference paragraph no.3 of the short counter affidavit). 7. For ready reference, paragraph no.3 of the short counter affidavit is being extracted herein-below: "3. That the compromise has taken place between the petitioners and respondent no.3 on 18.02.2025 and deponent acknowledge the settlement/agreement dated 18.02.2025 between the parties which is Annexure no. 5 to this writ petition." 8. In that circumstances, no useful purpose would be served by continuing the investigation pursuant to the first information report dated 1st January, 2025. 9. In this view of the matter, the impugned first information report dated 1st January, 2025 which came to be registered as Case Crime No. 03 of 2025, under Sections 447, 467, 468, 471 and 506 of I.P.C., Police Station-Sector-13, Commissionerate Gautam Budh Nagaris set aside and quashed. 10. The present writ petition stands allowed. 11. There shall be no order as to costs. (Madan Pal Singh, J.) (Siddhartha Varma, J.) Order Date :- 19.5.2025 Sushil/- Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad