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2025 DAILYLAW 106483 (ALL)

SHAHID HUSSAIN @ MAJHLE AND 3 OTHERS v. State of UP AND ANOTHER

A482/39843/2024 · 2025-09-15

Yogesh Dubey Joint Registrar Judicial

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 39843 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. The case is taken up on mentioning. 2. Heard Sri Hasan Parvej, learned counsel for the applicants, Sri Ramjan Ahmad, Advocate, holding brief of Sri Aman Kumar, learned counsel for opposite party no.2 and Sri Uma Shankar Mishra, 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 impugned charge sheet & cognizance order dated 28.02.2019 & 21.08.2019, as well as entire proceeding of Case No.766 of 2019(State Vs. Shahid @ Majhle and Others), arising out of Case Crime No.79 of 2019, under sections 452, 323, 504, 506, IPC, Police Station Bhojipura, District Bareilly, pending before the learned Additional Chief Judicial Magistrate, Court No.3, Bareilly, on the basis of compromise. 4. It is contended by learned counsel for the applicants that applicants and opposite party no.2 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 no.2, the proceeding of the aforesaid case be quashed. Versus Counsel for Applicant(s) : Hasan Parvej Counsel for Opposite Party(s) : Aman Kumar, G.A. Shahid Hussain @ Majhle And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. On the other hand, learned counsel for the opposite party no.2 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 no.2 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 impugned charge sheet & cognizance order dated 28.02.2019 & 21.08.2019, as well as entire proceeding of Case No.766 of 2019(State Vs. Shahid @ Majhle and Others), arising out of Case Crime No.79 of 2019, under sections 452, 323, 504, 506, IPC, Police Station Bhojipura, District Bareilly, pending before the learned Additional Chief Judicial Magistrate, Court No.3, Bareilly, are hereby quashed. 8. The application u/s 482 Cr.P.C. is hereby allowed. September 16, 2025 VKG A482 No. 39843 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad