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2025 DAILYLAW 106143 (ALL)

FURKAN AND 4 OTHERS v. State of UP AND 2 OTHERS

A482/37262/2024 · 2025-09-11

Yogesh Dubey Joint Registrar Judicial

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 37262 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. The case is taken up on mentioning. 2. Heard Sri Amit Kumar Tripathi, Advocate, holding brief of Sri Shashwat Shukla, learned counsel for the applicants, Sri Avesh Mishra, learned counsel for opposite party nos.2 and 3 and Sri Chandra Shakher Saran, learned AGA for the State-opposite party no.1. 3. This application u/s 482 Cr.P.C. has been preferred with prayer to quash the charge sheet No.114 of 2018, dated 19.08.2018 as well as cognizance/summoning order dated 10.01.2019, in Sessions Trial No.21 of 2021 (State Vs. Furkan and others), arising out of Case Crime No.221 of 2018, under sections 147, 148, 452, 323, 504, 506, 308, 336, IPC, Police Station Kotwali Dehat, District Bijnor, on the basis of compromise. 4. It is contended by learned counsel for the applicants that applicants and opposite party nos.2 and 3 have entered into compromise and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise sent by the court concerned is already on the record. Learned counsel for the applicants further prays that in view of the compromise entered into between the applicants and opposite party nos.2 and 3, the proceeding of the aforesaid case be quashed. Versus Counsel for Applicant(s) : Paritosh Sukla, Shashwat Shukla Counsel for Opposite Party(s) : Avesh Mishra, Braj Gopal, G.A. Furkan And 4 Others .....Applicant(s) State Of Up And 2 Others .....Opposite Party(s) 5. On the other hand, learned counsel for the opposite party nos.2 and 3 and learned AGA for the State have no objection to the above submissions made by learned counsel for the applicants. 6. In view of the fact that applicants and opposite party nos.2 and 3 have entered into compromise and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise is already on the record and taking note of the law laid down by Hon'ble Supreme Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed, in respect of the applicants. 7. In view of the aforesaid, the charge sheet No.114 of 2018, dated 19.08.2018 as well as cognizance/summoning order dated 10.01.2019, in Sessions Trial No.21 of 2021 (State Vs. Furkan and others), arising out of Case Crime No.221 of 2018, under sections 147, 148, 452, 323, 504, 506, 308, 336, IPC, Police Station Kotwali Dehat, District Bijnor, are hereby quashed. 8. The application u/s 482 Cr.P.C. is hereby allowed. September 12, 2025 VKG A482 No. 37262 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad