Vivek Mishra @ Vickky @ Vivek Kumar and Others Vs… — Cheating and Forgery | Allahabad HC (2025)

Vivek Mishra @ Vickky @ Vivek Kumar and Others Vs… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim protection: no coercive steps against the petitioners pursuant to FIR/Case Crime No.0549 of 2025 till the next date of listing; parties directed to appear before the Senior Registrar on 10.10.2025 for verification of the compromise deed, with the Senior Registrar to submit a report by the next date; case listed in the week commencing 27.10.2025; name of Sri Abhishek Dixit, Advocate, to be printed in the cause list as counsel for opposite party no.4.

Issue for consideration

Whether the FIR/Case Crime No.0549 of 2025 under Sections 318(4), 316(2), 352, 351(3) B.N.S, 2023 (P.S. Kotwali City, District Hardoi) can be set aside on the basis of the compromise deed dated 23.09.2025 between the petitioners and opposite party no.4.

Court's answer

Unless and until the contents and parties of a compromise deed are duly verified either by the competent court or by the competent authority, no order can be passed by this Court.

Ratio / Principle

All parties to the compromise deed were directed to appear before the Senior Registrar of the Court on 10.10.2025 for verification, and the Senior Registrar was directed to verify the contents and parties of the compromise deed and submit a report before the Court by the next date of listing.

Key takeaways

As an interim measure, till the next date of listing, no coercive steps shall be taken against the petitioners pursuant to the impugned FIR/Case Crime No.0549 of 2025.ratio¶20

Detailed headnote1 paragraphs

Criminal Misc. Writ Petition challenging FIR/Case Crime No.0549 of 2025 under Sections 318(4), 316(2), 352, 351(3) B.N.S, 2023, P.S. Kotwali City, District Hardoi, founded on a compromise deed dated 23.09.2025 between the petitioners and opposite party no.4. Held (interim): it is trite law that no order can be passed unless the contents and parties of a compromise deed are duly verified by the competent court or authority; all parties directed to appear before the Senior Registrar on 10.10.2025 for verification, with a report to be submitted by the next date. Till the next date of listing, no coercive steps to be taken against the petitioners pursuant to the impugned FIR. Case listed in the week commencing 27.10.2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. WRIT PETITION No. - 9355 of 2025

Vivek Mishra @ Vickky @ Vivek Kumar And Others

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Others

.....Respondent(s)

Counsel for Petitioner(s)	: Pradeep Kumar Mishra
Counsel for Respondent(s)	: G.A.

Court No. - 9

HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Sri Pradeep Kumar Mishra, learned counsel for the petitioners, learned AGA for the State- opposite parties no.1 to 3 and Sri Abhishek Dixit, learned Advocate, who has filed Vakalatnama on behalf of the complainant/opposite party no.4. Said Vakalatnama is taken on record.

By means of this petition, the petitioner has assailed the FIR dated 03.08.2025 bearing FIR/Case Crime No.0549 of 2025, under Sections 318(4), 316(2), 352, 351(3) B.N.S, 2023 Police Station- Kotwali City, District- Hardoi on the basis of compromise deed dated 23.09.2025 executed by the petitioners and the opposite party No.4.

As per learned counsel for the petitioners, in the aforesaid FIR/case crime number, the parties have entered into compromise and the original compromise deed has been enclosed as Annexure No.2 with this petition.

It is trite law that unless and until the contents and parties of compromise deed are duly verified either by the competent court or by the competent authority, no order can be passed by this Court.

Therefore, all the parties of compromise deed shall appear before the Senior Registrar of this Court on 10.10.2025 for verification of the compromise.

Let paper-book of this case be placed before the Senior Registrar on the aforesaid date. Thereafter, the Senior Registrar shall verify the contents and parties of the compromise deed and shall submit the report before this Court by the next date of listing.

CRLP No. 9355 of 2025

2

List this case in the week commencing 27.10.2025.

Till the next date of listing, no coercive steps shall be taken against the petitioners pursuant to the impugned FIR/Case Crime No.0549 of 2025, under Sections 318(4), 316(2), 352, 351(3) B.N.S, 2023 Police StationKotwali City, District- Hardo.

When the case is next listed, name of Sri Abhishek Dixit, Advocate, shall be printed in the cause list as counsel for opposite party no.4.

(Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.)

September 26, 2025 Reena/-

Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench