Mohd.Avid Alias Avid vs State of U.P.Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2026) — LawSathi Research

Mohd.Avid Alias Avid vs State of U.P.Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed: criminal proceedings pursuant to the charge sheet dated 27-09-2016 in Criminal Case No. 6249/2017 (Case Crime No. 0561/2016, Sections 354, 354 A, 354 D, 504 I.P.C., Police Station Chinhut, District Lucknow) and the order dated 15-02-2017 pending before learned A.C.J.M.-V, Lucknow quashed; the compromise is to form part of the order.

Issue for consideration

Whether the charge sheet dated 27-09-2016 filed in Criminal Case No. 6249/2017 (Case Crime No. 0561/2016, Sections 354, 354 A, 354 D, 504 I.P.C., Police Station Chinhut, District Lucknow) and the order dated 15-02-2017 pending before the learned A.C.J.M.-V, Lucknow are liable to be quashed. +1 more

Court's answer

Criminal proceedings pursuant to the charge sheet dated 27-09-2016 in Criminal Case No. 6249/2017 (Case Crime No. 0561/2016) and the order dated 15-02-2017 pending before the learned A.C.J.M.-V, Lucknow are quashed.

Ratio / Principle

The Court found that a compromise was entered into between the parties on 20.04.2026, was verified on 16.05.2026, and that, as per the statements of learned counsel for the parties, they do not want to press the criminal case.

Key takeaways

As the applicant and opposite parties have entered into a compromise and no grievance remains to be agitated, further criminal proceedings in the case are liable to be set aside in view of the Apex Court judgments in B.S. Joshi, Nikhil Merchant, Manoj Sharma, Gian Singh and Narindra Singh.ratio¶21

Detailed headnote1 paragraphs

Quashing of criminal proceedings on the basis of compromise — Application under Section 482 for quashing of charge sheet dated 27-09-2016 filed in Criminal Case No. 6249/2017, arising out of Case Crime No. 0561/2016 under Sections 354, 354 A, 354 D, 504 I.P.C., Police Station Chinhut, District Lucknow (State of U.P. vs Avid), and order dated 15-02-2017, pending before learned A.C.J.M.-V, Lucknow — parties amicably settled their dispute, compromise reduced to writing on 20.04.2026 and verified on 16.05.2026 in compliance of order dated 28.04.2026 — opposite party no. 2 supported the application stating no grievance remained; State counsel raised no objection — relying on B.S. Joshi, Nikhil Merchant, Manoj Sharma, Gian Singh and Narindra Singh (Apex Court), further criminal proceedings held liable to be set aside — charge sheet and order quashed; compromise directed to form part of the order — application allowed (Praveen Kumar Giri, J.).

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 4825 of 2026

Mohd.Avid Alias Avid

.....Applicant(s)

Versus

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

.....Opposite Party(s)

Counsel for Applicant(s)	: Saket Kumar Gupta
Counsel for Opposite Party(s)	: G.A.

Court No. - 13

HON'BLE PRAVEEN KUMAR GIRI, J.

Vakalatnama filed by Shri Kapil Dev Chaubey, Advocate, on behalf of opposite party no.2 is taken on record.

Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the opposite party no.2 and perused the record.

By means of the instant application, the applicant has prayed to quash the Charge Sheet Dated 27-09-2016 filed In Criminal Case No- 6249/2017, In Case Crime No. 0561/2016 Under Section 354, 354 A, 354 D, 504 I.P.C. Police Station-Chinhut, District-Luckriow, State Of U.P. Vs Avid And Order dated 15-02-2017 pending in the Court of learned A.C.J.M. -V, Lucknow.

The learned counsel for the applicant submits that due to certain misunderstanding, the instant FIR was lodged against the applicants and thereafter the parties sat together and has amicably settled their dispute which has been reduced in writing on 20.04.2026. He added that thereafter the applicants filed the instant application for direction to the trial Court to verify the compromise deed and in compliance of the order dated 28.04.2026, the verification was done and report has been submitted to this Court. He submits that further criminal proceeding in the instant matter would amount to harassment and thus the impugned criminal proceeding may be quashed.

Learned counsel for the opposite party no.2 has also supported the contention of the learned counsel for the applicant and submits that parties have amicable settled their dispute and the opposite party no.2 has no

A482 No. 4825 of 2026

2

grievance, hence, criminal proceedings against the applicants may be dropped.

Learned counsel for the State has no objection to the contention aforesaid.

Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 20.04.2026 and said compromise has been verified on 16.05.2026 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal case.

In view of the above, as the applicant and opposite parties have entered into compromise 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 Judgements 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 .

Accordingly, criminal proceedings with regard to Charge Sheet Dated 2709-2016 filed In Criminal Case No- 6249/2017, In Case Crime No. 0561/2016 Under Section 354, 354 A, 354 D, 504 I.P.C. Police StationChinhut, District-Luckriow, State Of U.P. Vs Avid And Order dated 15-022017 pending in the Court of learned A.C.J.M. -V, Lucknow are hereby quashed.

The compromise shall be part of this order.

The application is allowed accordingly.

Consigned to record.

June 11, 2026 V. Sinha

(Praveen Kumar Giri,J.)

Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench