Fahad Yazdani Vs. State Of U.P. Thru. Addl. Chief Secy. Home And 2 Others On 26 March, 2025

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Fahad Yazdani v. State Of U.p. Thru. Addl. Chief Secy. Home And 2 Others

(High Court Of Judicature At Allahabad, Lucknow Bench)

CRIMINAL MISC. WRIT PETITION No. - 136 of 2025 | 26-03-2025

Brij Raj Singh, J.

1. Heard learned counsel for the petitioner, learned A.G.A. for the State-opposite parties no.1 and 2 and Sri Himanshu Deepak, learned counsel for opposite party no.3.

2. By means of this writ petition, the petitioner has sought quashing of the First Information Report No.230 of 2023, under Sections 504, 506, 406, 420, 467, 468 and 471 IPC, Police Station Hazratganj, District Lucknow Commissionerate (Central). Petitioner also prays for quashing of the entire criminal proceedings in the aforesaid case crime number.

3. On 27.02.2025, parties were directed to appear before the Senior Registrar for verification of compromise.

4. The report of the Senior Registrar of this Court dated 06.03.2025 is on record, according to which, he has verified the compromise on 06.03.2025. The original compromise is on record which has been annexed as Annexure-SA1 to the Supplementary affidavit filed on 13.01.2025.

5. According to the terms of the compromise, parties have decided to withdraw all the cases filed by them against each other including FIR No.230 of 2023, under Sections 504, 506, 406, 420, 467, 468 and 471 IPC, Police Station Hazratganj, District Lucknow Commissionerate (Central).

6. Learned counsel for the parties state that the amount under the said agreement stands settled between the parties and there is no further claim or demand against each other with respect to the matter involved in the present writ petition

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.

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.