Allowed

Ashish Kumar Singh @ Ashish Singh Sisodiya v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC12 Dec 2024CRLP/5211/2024

Case brief

AI extract

What is this about?

Writ petition sought quashing of an FIR under Sections 409, 420, 467, 468 and 471 IPC. Parties had mutually settled their dispute by compromise verified by the Senior Registrar, and the informant did not wish to press the FIR. The court quashed the FIR and all proceedings including the charge sheet.

What the court decided

AI extract

Ashish Kumar Singh @ Ashish Singh Sisodiya Vs State of… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:83555-DB

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5211 of 2024

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Petitioner :- Ashish Kumar Singh @ Ashish Singh Sisodiya Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others

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Counsel for Petitioner :- Shailendra Kumar Tiwari,Sanat Singh,Sudhir Kumar Counsel for Respondent :- G.A.,Rahul Yadav

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Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

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1. Heard learned counsel for the petitioners, learned A.G.A. for the State and Sri Rahul Yadav, learned counsel for opposite party no.4.

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2. By means of this writ petition, the petitioners have sought quashing of the First Information Report dated 06.03.2024 bearing Case Crime No.0080 of 2024, under Sections 409, 420, 467, 468, 471 I.P.C., Police Station Vibhuti Khan, District Lucknow. Petitioners also pray for quashing of entire criminal proceeding in the aforesaid case crime number.

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3. On 04.12.2024, parties were directed to appear before the Senior Registrar for verification of compromise.

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4. The report of the Senior Registrar of this Court dated 09.12.2024 is on record, according to which, he has verified the compromise on 09.12.2024. The original compromise is on record which has been annexed as Annexure-6 to the writ petition.

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5. According to the terms of the compromise, parties have decided to withdraw all the cases filed by them against each other including F.I.R. dated 06.03.2024 bearing Case Crime No.0080 of 2024, under Sections 409, 420, 467, 468, 471 I.P.C., Police Station Vibhuti Khan, District Lucknow.

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6. Learned counsel for the parties state that the parties have mutually settled their dispute by way of compromise and the opposite party No.4 does not want to pursue this case any

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further.

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7. Intent is clear, the informant, 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 has been filed before the court below to go on considering the nature of the dispute.

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8. Accordingly, 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.

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9. The writ petition is, accordingly, allowed .

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

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11. Learned AGA shall communicate this order to the investigating officer.

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[Om Prakash Shukla, J.] [Vivek Chaudhary, J.]

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Order Date :- 12.12.2024 Piyush/-

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Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Ashish Kumar Singh @ Ashish Singh Sisodiya v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

What is this about?

What the court decided

Ashish Kumar Singh @ Ashish Singh Sisodiya v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

What is this about?

What the court decided

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