Raj Deo Yadav v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 7221 of 2024 Petitioner :- Raj Deo Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Others Counsel for Petitioner :- Manoj Kumar Tripathi,Kunwar Ravi Prakash Counsel for Respondent :- G.A.,Julfikar Ahmad Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

¶1Heard learned counsel for the petitioner, learned A.G.A. for the State and Sri Julfikar Ahmad, learned counsel for opposite party no.4.

¶2By means of this writ petition, the petitioners have sought quashing of the First Information Report dated 10.9.2024 bearing Case Crime No.363 of 2024, under Sections 420, 406, 467, 468, 471 I.P.C., Police Station Gosaiganj, District Lucknow, on the basis of compromise.

¶3On 9.12.2024, parties were directed to appear before the Senior Registrar for verification of compromise.

¶4The report of the Senior Registrar of this Court dated

13.12.2024 is on record, according to which, he has verified the compromise on 13.12.2024. The original compromise is on record which has been annexed as Annexure-SA-1 to the supplementary affidavit.

¶5According to the terms of the compromise, parties have decided to withdraw all the cases filed by them against each other including First Information Report dated 10.9.2024 bearing Case Crime No.363 of 2024, under Sections 420, 406, 467, 468, 471 I.P.C., Police Station Gosaiganj, District Lucknow.

¶6Learned counsel for the parties state that the money under the said compromise is already paid/settled between the parties.

¶7Intent is clear, the informant-Nand Kishor Gupta, who is a signatory to the compromise, does not want to press the FIR, therefore, no purpose would be served in allowing the proceedings even if charge sheet, if any, has been filed before the court below to go on considering the nature of the dispute.

¶8Accordingly, the impugned FIR, which is the basis to serve consequential proceedings of investigation and thereafter filing of charge sheet, if any, is hereby quashed. Consequently, all proceedings taken consequent to the lodging of the FIR including charge sheet, if any, filed before the court below stand quashed.

¶9The writ petition is, accordingly, allowed.

¶10The Senior Registrar of this Court shall communicate this order to the court concerned for correcting its record, accordingly.

¶11Learned AGA shall communicate this order to the investigating officer. . [Om Prakash Shukla,J.] [Vivek Chaudhary,J.] Order Date :- 19.12.2024 Sachin High Court of Judicature at Allahabad, Lucknow Bench