Rohit Agarwal vs State Of U.P. Thru. Addl. Chief Secy. Home Deptt.

1. Heard Sri Anuj Tandon, leanerd counsel for the petitioner, Sri Arun Kumar Pandey, learned AGA for the State and Sri Ayush Tandon, learned counsel for the opposite party no. 4.

2. By means of this petition the petition has prayed following relief : "a) Issue a writ, order or direction in the nature of Certiorari quashing the First Information Report bearing 0033/2021 dated 14.01.2021, registered at P.S. Vibhuti Khand, Lucknow against the petitioner, under section 506, 420, 409, 406 of the Indian Penal Code, 1860 along with all consequential proceedings in the interest of justice. b) Issue a writ, order or direction in the nature of Mandamus commanding the Opposite Party No. 2 & 3 not to arrest the petitioner in the First Information Report bearing No. 0033/2021 dated 14.01.2021, registered at Police Station Vibhuti Khand, Lucknow , under section 506, 420, 409 and 406 of the Indian Penal Code, 1860 in the interest of justice."

3. Attention has been drawn towards the order dated 4.7.2022 of this Court which reads as under : "Heard. The petitioner seeks issuance of a writ in the nature of certiorari quashing First Information Report bearing Case Crime No. 0033 of 2021, under Sections 506, 420, 409, 406 IPC, Police Station- Vibhuti Khand, District- Lucknow. 2 CRLP No. 2963 of 2022 Learned counsel for petitioner contends that there was a civil dispute between the parties which gave rise to the FIR impugned herein and subsequent to the lodging of FIR a settlement has been arrived at between the informant and the Directors of the company concerned. The settlement deed-cum-memorandum of understanding entered on 27.12.2021 is annexed at Page No. 37 and onwards and agreement to sell has also been entered into between the parties, a copy of which has been annexed at Page No. 55 to 56. Learned counsel for petitioner says that the petitioner is only the son of one of the Directors of the company concerned. However, learned A.G.A. says that in the FIR specific allegation has been levelled against the petitioner giving his mobile number. Let dasti notice be issued to the petitioner for service upon the opposite party no. 4. Learned A.G.A. may also seek instructions in the matter. Learned counsel for petitioner shall satisfy the Court that for the amount of Rs.2 Crores extended by the informant to the Directors of the Company concerned any Flat or land has been given to the informant of the same or more value. List/ put up on 11.07.2022. Considering the above mentioned Memorandum of Understanding and Agreement to Sell which are subsequent to the dismissal of the Writ Petition No. 17490 (M/B) of 2021 and the subsequent order of Hon'ble the Supreme Court dated 29.04.2022 passed in Special Leave to Appeal (Criminal) No. 2272 of 2022 arising out of proceedings before this Court in Writ Petition No. 17490 (M/B) of 2021, it is provided that till the next date of listing the petitioner shall not be arrested in Case Crime No. 0033 of 2021, under Sections 506, 420, 409, 406 IPC, Police Station- Vibhuti Khand, District- Lucknow unless there is cogent and sufficient evidence available against the petitioner indicating commission of criminal offence as alleged in the impugned FIR."

4. Sri Anuj Tandon has submitted that the dispute between the parties has already been settled and the impugned F.I.R. and the proceedings in furtherance of the F.I.R. have been quashed by the Apex Court vide order dated 11.12.2024 passed in Criminal Appeal No. 5270 of 2024[@ SLP(Crl.) No. 2272/2022] which reads as under : "Leave granted. The appellants in the criminal appeals have been charged for the offences punishable under Sections 420, 409, 406 and 506 of the Indian Penal Code in FIR No.33/2021 dated 14.01.2021. The present appeal has been filed against the dismissal of the petition to 3 CRLP No. 2963 of 2022 quash filed on the premise that the matter is a civil dispute. the Learned senior counsel appearing for appellant submitted that the case involves a purely civil dispute and that the matter has been resolved amicably between the parties. The said submission is also acknowledged by the learned counsel appearing for the respondent NO.2/complainant. Considering the facts and circumstances of the case, and especially the fact that the matter has been resolved between the parties, any continuation of the present proceedings would be unnecessary. Accordingly, the proceedings stand quashed. The appeals stand allowed accordingly."

5. Sri Tandon has stated that the present petitioner is the son of main accused Sri Sanjeev Agarwal against whom the main allegation had been levelled in the F.I.R. Since the dispute has already been settled between the parties, therefore, the impugned F.I.R. may be set aside / quashed qua the present petitioner particularly in view of the fact that the impugned F.I.R. and further proceedings in pursuance of the F.I.R. has already been quashed by the Apex Court.

6. On that learned counsel for the opposite party no. 4 has not disputed, therefore, having considered the submissions of learned counsel for the parties, having perused the material available on record and the order passed by the Apex Court, the present writ petition is allowed.

7. Accordingly, the F.I.R. No. 0033/2021 dated 14.01.2021, registered at Polcie Station Vibhuti Khand, Lucknow u/s 506, 420, 409 and 406 IPC, 1860 is hereby quashed.

8. Office is directed to return the original settlement deed which has been enclosed with the second supplementary affidavit dated 10.9.2024 to the learned counsel for the petitioner keeping the photostat copy of thereof on record forthwith. (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) September 9, 2025 Om OM PRAKASH MISHRA OM PRAKASH MISHRA High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench

1. Heard Sri Anuj Tandon, leanerd counsel for the petitioner, Sri Arun Kumar Pandey, learned AGA for the State and Sri Ayush Tandon, learned counsel for the opposite party no. 4.

2. By means of this petition the petition has prayed following relief : "a) Issue a writ, order or direction in the nature of Certiorari quashing the First Information Report bearing 0033/2021 dated 14.01.2021, registered at P.S. Vibhuti Khand, Lucknow against the petitioner, under section 506, 420, 409, 406 of the Indian Penal Code, 1860 along with all consequential proceedings in the interest of justice. b) Issue a writ, order or direction in the nature of Mandamus commanding the Opposite Party No. 2 & 3 not to arrest the petitioner in the First Information Report bearing No. 0033/2021 dated 14.01.2021, registered at Police Station Vibhuti Khand, Lucknow , under section 506, 420, 409 and 406 of the Indian Penal Code, 1860 in the interest of justice."

3. Attention has been drawn towards the order dated 4.7.2022 of this Court which reads as under : "Heard. The petitioner seeks issuance of a writ in the nature of certiorari quashing First Information Report bearing Case Crime No. 0033 of 2021, under Sections 506, 420, 409, 406 IPC, Police Station- Vibhuti Khand, District- Lucknow. 2 CRLP No. 2963 of 2022 Learned counsel for petitioner contends that there was a civil dispute between the parties which gave rise to the FIR impugned herein and subsequent to the lodging of FIR a settlement has been arrived at between the informant and the Directors of the company concerned. The settlement deed-cum-memorandum of understanding entered on 27.12.2021 is annexed at Page No. 37 and onwards and agreement to sell has also been entered into between the parties, a copy of which has been annexed at Page No. 55 to 56. Learned counsel for petitioner says that the petitioner is only the son of one of the Directors of the company concerned. However, learned A.G.A. says that in the FIR specific allegation has been levelled against the petitioner giving his mobile number. Let dasti notice be issued to the petitioner for service upon the opposite party no. 4. Learned A.G.A. may also seek instructions in the matter. Learned counsel for petitioner shall satisfy the Court that for the amount of Rs.2 Crores extended by the informant to the Directors of the Company concerned any Flat or land has been given to the informant of the same or more value. List/ put up on 11.07.2022. Considering the above mentioned Memorandum of Understanding and Agreement to Sell which are subsequent to the dismissal of the Writ Petition No. 17490 (M/B) of 2021 and the subsequent order of Hon'ble the Supreme Court dated 29.04.2022 passed in Special Leave to Appeal (Criminal) No. 2272 of 2022 arising out of proceedings before this Court in Writ Petition No. 17490 (M/B) of 2021, it is provided that till the next date of listing the petitioner shall not be arrested in Case Crime No. 0033 of 2021, under Sections 506, 420, 409, 406 IPC, Police Station- Vibhuti Khand, District- Lucknow unless there is cogent and sufficient evidence available against the petitioner indicating commission of criminal offence as alleged in the impugned FIR."

4. Sri Anuj Tandon has submitted that the dispute between the parties has already been settled and the impugned F.I.R. and the proceedings in furtherance of the F.I.R. have been quashed by the Apex Court vide order dated 11.12.2024 passed in Criminal Appeal No. 5270 of 2024[@ SLP(Crl.) No. 2272/2022] which reads as under : "Leave granted. The appellants in the criminal appeals have been charged for the offences punishable under Sections 420, 409, 406 and 506 of the Indian Penal Code in FIR No.33/2021 dated 14.01.2021. The present appeal has been filed against the dismissal of the petition to 3 CRLP No. 2963 of 2022 quash filed on the premise that the matter is a civil dispute. the Learned senior counsel appearing for appellant submitted that the case involves a purely civil dispute and that the matter has been resolved amicably between the parties. The said submission is also acknowledged by the learned counsel appearing for the respondent NO.2/complainant. Considering the facts and circumstances of the case, and especially the fact that the matter has been resolved between the parties, any continuation of the present proceedings would be unnecessary. Accordingly, the proceedings stand quashed. The appeals stand allowed accordingly."

5. Sri Tandon has stated that the present petitioner is the son of main accused Sri Sanjeev Agarwal against whom the main allegation had been levelled in the F.I.R. Since the dispute has already been settled between the parties, therefore, the impugned F.I.R. may be set aside / quashed qua the present petitioner particularly in view of the fact that the impugned F.I.R. and further proceedings in pursuance of the F.I.R. has already been quashed by the Apex Court.

6. On that learned counsel for the opposite party no. 4 has not disputed, therefore, having considered the submissions of learned counsel for the parties, having perused the material available on record and the order passed by the Apex Court, the present writ petition is allowed.

7. Accordingly, the F.I.R. No. 0033/2021 dated 14.01.2021, registered at Polcie Station Vibhuti Khand, Lucknow u/s 506, 420, 409 and 406 IPC, 1860 is hereby quashed.

8. Office is directed to return the original settlement deed which has been enclosed with the second supplementary affidavit dated 10.9.2024 to the learned counsel for the petitioner keeping the photostat copy of thereof on record forthwith. (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) September 9, 2025 Om OM PRAKASH MISHRA OM PRAKASH MISHRA High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench