Shyamnath Singh and Another Vs State of U.P. Thru. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Shyamnath Singh and Another Vs State of U.P. Thru. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire criminal proceedings in Criminal Case No.11605 of 2023 (including the charge sheet dated 13.06.2022 and the summoning order dated 20.04.2023) arising out of FIR No.296 of 2021, police station Tarabganj, District Gonda; the compromise shall be part of the order.

Issue for consideration

Whether the charge sheet dated 13.06.2022, the summoning order dated 20.04.2023 and the entire criminal proceedings in Criminal Case No.11605 of 2023, arising out of FIR No.296 of 2021 under Sections 419, 420, 467, 468, 471 IPC at police station Tarabganj, District Gonda, are liable to be quashed in view of the compromise between the parties dated 30.03.2025, verified on 20.06.2025.

Court's answer

The court found that a compromise had been entered into between the parties on 30.03.2025, that it had been verified on 20.06.2025, and that, as per the statement of learned counsel for the parties, they did not want to press the criminal proceedings relating to FIR No.296 of 2021.

Ratio / Principle

As the applicants and opposite parties had entered into compromise on 30.03.2025 and no grievance remained to be agitated, further criminal proceedings in the case were held liable to be set aside in view of the judgments of the Apex Court rendered in B.S. Joshi, Nikhil Merchant, Manoj Sharma, Gian Singh and Narindra Singh.

Key takeaways

Entire criminal proceedings in Criminal Case No.11605 of 2023 pending before Additional Chief Judicial Magistrate-I, Gonda, arising out of FIR No.296 of 2021 under Sections 419, 420, 467, 468, 471 IPC, police station Tarabganj, District Gonda, were ordered to be quashed.ratio¶7

Detailed headnote1 paragraphs

Application U/S 482 No. 3553 of 2025 (neutral citation 2025:AHC-LKO:37564) by Shyamnath Singh and another, adjudicated by Om Prakash Shukla, J. of the High Court of Judicature at Allahabad, Lucknow Bench (Court No. 30, order dated 3.7.2025): entire criminal proceedings in Criminal Case No. 11605 of 2023 pending before Additional Chief Judicial Magistrate-I, Gonda, arising out of FIR No. 296 of 2021 under Sections 419, 420, 467, 468, 471 IPC at police station Tarabganj, District Gonda — including the charge sheet dated 13.06.2022 and the summoning order dated 20.04.2023 — were quashed on the basis of a written compromise between the parties dated 30.03.2025, verified before the court below on 20.06.2025 pursuant to this Court's order dated 26.05.2025, with both sides and the State concurring; reliance was placed on Apex Court rulings in B.S. Joshi (2003) 4 SCC 675, Nikhil Merchant (2008) 9 SCC 677, Manoj Sharma (2008) 16 SCC 1, Gian Singh (2012) 10 SCC 303 and Narindra Singh (2014) 6 SCC 466, and the compromise was directed to be made part of the order.

Neutral Citation No. - 2025:AHC-LKO:37564

Court No. - 30

Case :- APPLICATION U/S 482 No. - 3553 of 2025

Applicant :- Shyamnath Singh And Another Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Santosh Kumar Tripathi Counsel for Opposite Party :- G.A.,Paritosh Shukla

Hon'ble Om Prakash Shukla,J.

1. Heard learned counsel for the applicants, learned A.G.A. for the State, Shri Paritosh Shukla, learned counsel for the opposite party no.2 and perused the record.

2. By means of the instant application, the applicants have prayed for quashing of the impugned Charge Sheet dated 13.06.2022 as well as summoning order dated 20.04.2023 along with entire criminal proceedings in Criminal Case No.11605 of 2023 pending before Additional Chief Judicial Magistrate-I, Gonda arising out of FIR No.296 of 2021 under Sections 419, 420, 467, 468, 471 IPC, police station Tarabganj, District Gonda on the basis of compromise executed between the parties on 30.03.2025

3. Learned counsel for the applicants submits that due to certain misunderstanding, the instant F.I.R. was lodged against the applicants. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 30.03.2025 which is annexed as Annexure No.5 to the application. Thereafter, in compliance of order dated 26.05.2025, passed by this Court, the parties have appeared before Court below on 20.06.2025 on which date the compromise deed was verified, copy of verification order is annexed as SA-1 to the supplementary affidavit filed today which is taken on record. He submits that now there is no dispute in between the parties and they have settled their dispute. He submits that further criminal proceedings in the instant matter would amount to harassment and, thus, the instant criminal proceedings arising out of FIR No.296 of 2021 may be quashed.

4. Learned counsel for the opposite party no.2 has also supported the version of the learned counsel for the applicants and submits that parties have amicably settled their dispute and the opposite party no.2 has no grievance, hence, criminal

proceedings against the applicants may be dropped. Learned counsel for the State has no objection to the submissions aforesaid.

5 . Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 30.03.2025 and said compromise has been verified on 20.06.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings relating to FIR No.296 of 2021.

6. In view of the above, as the applicants and opposite parties have entered into compromise on 30.03.2025 and no grievance remains to be agitated and, as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgments of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation (2008) 9 SCC 677; Manoj Sharma Vs. State and others, (2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab (2014) 6 SCC 466 .

7. Accordingly, entire criminal proceedings in Criminal Case No.11605 of 2023 pending before Additional Chief Judicial Magistrate-I, Gonda arising out of FIR No.296 of 2021 under Sections 419, 420, 467, 468, 471 IPC, police station Tarabganj, District Gonda are hereby quashed.

8. The compromise shall be part of this order.

9. The application is allowed accordingly.

10. Consigned to records.

(Om Prakash Shukla, J.)

Order Date :- 3.7.2025 Arnima

Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench