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2025 DAILYLAW 66443 (ALL)

RAJESH YADAV AND 2 OTHERS v. STATE OF UTTAR PRADESH AND 3 OTHERS

CRLP/12138/2025 · 2025-09-15

Abdul Shahid, Siddhartha Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 12138 of 2025 AND CRIMINAL MISC. WRIT PETITION No. - 12501 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the petitioners, learned counsel for the informant and the learned A.G.A. 2. These writ petitions have been filed for quashing of the First Information Report dated 25.5.2025 registered as Case Crime No. 210 of 2025, under Sections 109, 191(2), 115(2), 351(3), 352, 324(4) of B.N.S., Police Station Phoolpur, District Prayagraj/Allahabad. Versus Counsel for Petitioner(s) : Chandra Jeet Singh, Dara Singh, Dipendra Kumar Tripathi, Tryambak Nath Mishra Counsel for Respondent(s) : G.A., Ran Jeet Singh Versus Counsel for Petitioner(s) : Chandra Jeet Singh, Dara Singh Counsel for Respondent(s) : G.A., Ran Jeet Singh Rajesh Yadav And 2 Others .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s) Mukesh Yadav And 5 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 3. Since both the above petitions arise out of a same FIR, hence, they were connected and are being decided by a common order. 4. Contention of the learned counsel for the petitioners is that impugned first information report was lodged under Sections 109, 191(2), 115(2), 351(3), 352, 324(4) of B.N.S. on 25.5.2025 which had given rise to Case Crime No. 210 of 2025. Accused Rajesh Yadav. 5. On 21.8.2025 the following order was passed: 1. A Short Counter Affidavit filed on behalf of the first informant and a short counter affidavit on behalf of the State have been filed today. They may be kept on record. 2. It has been informed by the learned AGA that the case after investigation was found to be such a case where no trial was required under Section 109 of B.N.S., 2023. However the parties have submitted before this Court that they have entered into a compromise. 3. The original of the compromise be remitted to the Investigating Officer who shall verify the same and send a verification report to this Court through learned AGA. 4. List this case on 16.9.2025. 5. When the original of the compromise be remitted it may be replaced by a photocopy. 6. It is provided that till the next date of listing, no further proceedings shall be undergone pursuant to the first information report dated 25.5.2025 registered as Case Crime No. 210 of 2025, under Sections 109, 191(2), 115(2), 351(3), 352, 324(4) of B.N.S., 2023, Police Station - Phoolpur, District - Ganganagar (Commissionerate Prayagraj). Even proceedings which were to be undergone after submission of charge sheet shall remain stayed. 6. Today, an affidavit of compliance has been filed by the learned A.G.A. indicating that the compromise has been verified in compliance of the order dated 21.8.2025. CRLP No. 12138 of 2025 2 7. In view of the fact that the dispute has now been settled, we are of the view that no useful purpose would be served to further proceed vis-a-vis the impugned FIR. 8. Under such circumstances, the impugned First Information Report dated 25.5.2025 giving rise to Case Crime No. 210 of 2025, under Sections 109, 191(2), 115(2), 351(3), 352, 324(4) of B.N.S., Police Station Phoolpur, District Prayagraj/Allahabad, is quashed. 9. The writ petitions stand allowed. September 16, 2025 M. Tarik CRLP No. 12138 of 2025 3 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad