Neeraj Pandey @ Neeraj Vs State of U.P. Thru. Prin. Secy. Home Lko. and Others — Allahabad HC (2025) — LawSathi Research

Neeraj Pandey @ Neeraj Vs State of U.P. Thru. Prin. Secy. Home Lko. and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition allowed; impugned FIR dated 23.9.2024 (Case Crime No.0497 of 2024, Section 308(5) B.N.S., 2023) and all consequential proceedings including charge sheet, if any, quashed. Senior Registrar directed to communicate the order to the court concerned for correcting its record; learned AGA directed to communicate the order to the investigating officer.

Issue for consideration

Whether the First Information Report dated 23.9.2024 (Case Crime No.0497 of 2024) under Section 308(5) of B.N.S., 2023, Police Station Gurubuxganj, District Raebareli, should be quashed on the basis of the compromise arrived at between the parties.

Court's answer

Since the informant-Nand Kishore Kashyap, a signatory to the compromise, does not want to press the FIR, no purpose would be served in allowing the proceedings to continue even if a charge sheet has been filed before the court below.

Ratio / Principle

The impugned FIR, being the basis for consequential proceedings of investigation and filing of charge sheet, if any, is quashed.

Key takeaways

All proceedings taken consequent to the lodging of the FIR, including the charge sheet, if any, filed before the court below, stand quashed.ratio¶15

Detailed headnote1 paragraphs

Criminal Miscellaneous Writ Petition allowed. FIR dated 23.9.2024, Case Crime No.0497 of 2024, under Section 308(5) of B.N.S., 2023, Police Station Gurubuxganj, District Raebareli, quashed on the basis of a compromise between the parties, verified by the Senior Registrar of the Court on 6.1.2025 pursuant to the Court's direction dated 19.12.2024. Under the compromise the parties agreed to withdraw all cases filed against each other, including the FIR. Held that since the informant-Nand Kishore Kashyap, a signatory to the compromise, did not want to press the FIR, no purpose would be served in allowing the proceedings to continue even if a charge sheet had been filed before the court below. Consequently, the FIR and all proceedings taken in consequence thereof, including the charge sheet, if any, were quashed. Senior Registrar directed to communicate the order to the court concerned for correction of record, and learned AGA directed to communicate it to the investigating officer. Bench: Vivek Chaudhary and Om Prakash Shukla, JJ.; Order Date 9.1.2025.

Neutral Citation No. - 2025:AHC-LKO:1743-DB

Court No. - 10

Case :- CRIMINAL MISC. WRIT PETITION No. - 8271 of 2024

Petitioner :- Neeraj Pandey @ Neeraj Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others

Counsel for Petitioner :- Vivek Shukla

Counsel for Respondent :- G.A.,Praveen Kumar Pandey

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

1. Heard learned counsel for the petitioner, learned A.G.A. for the State and Sri Praveen Kumar Pandey, learned counsel for opposite party no.4.

2. By means of this writ petition, the petitioner has sought quashing of the First Information Report dated 23.9.2024 bearing Case Crime No.0497 of 2024, under Section 308(5) of B.N.S., 2023, Police Station Gurubuxganj, District Raebareli, on the basis of compromise.

3. On 19.12.2024, parties were directed to appear before the Senior Registrar for verification of compromise.

4. The report of the Senior Registrar of this Court dated 6.1.2025 is on record, according to which, he has verified the compromise on 6.1.2025. The original compromise is on record which has been annexed as Annexure-SA-1 to the supplementary affidavit.

5. According 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 23.9.2024 bearing Case Crime No.0497 of 2024, under Section 308(5) of B.N.S., 2023, Police Station Gurubuxganj, District Raebareli.

6. Learned counsel for the parties state that the dispute under the said compromise is already settled between the parties.

7. Intent is clear, the informant-Nand Kishore Kashyap, 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.

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.

9. The writ petition is, accordingly, allowed .

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

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

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

Order Date :- 9.1.2025 Sachin

Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench