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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 39166 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J.
1. Supplementary affidavit filed by learned counsel for the applicants, is taken on record. 2. Heard Sri Mohd. Naushad, learned counsel for the applicants, Ms. Haya Rizwi, learned counsel holding brief of Sri Mohammad Belal, learned counsel for the opposite party no. 2 and Sri Uma Shanker, 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 entire proceeding of S.T. No. 128 of 2021 pending in the court of Additional District and Session Judge/Fast Track court 2nd Hapur, arising out of Case Crime No. 244 of 2019, under sections 323, 452, 307, 504, 506 IPC, P.S. Dhaulana, District Hapur. It is also prayed to stay the further proceeding of aforesaid case during pendency of the present application. 4. It is contended by learned counsel for the applicants that in cross case of the present case proceedings has already been quashed on the basis of compromise vide order dated 29.11.2024 passed in Application U/S 482 No. 38678 of 2024 in Case Crime No. 353 of 2019, under sections 147, 148, 323, 504, 506, 354B, 308 IPC, P.S. Dhaulana District Hapur. The applicant and opposite party no. 2 have also entered into compromise and same has already been verified by the learned court concerned. Copy of the verification order is annexed as annexure no. 2 to the supplementary affidavit. Learned counsel for the applicants further prays that in view of the compromise entered into between the applicants and opposite party no.2, the Versus Counsel for Applicant(s) : Mohd. Naushad Counsel for Opposite Party(s) : G.A., Mohammad Belal Sharafat And Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
proceeding of the aforesaid case be quashed. 5. On the other hand, and learned AGA for the State has no objection to the above submissions made by learned counsel for the applicants. 6. Also keeping in view 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 Naushey Ali & Others Vs.
State of U.P. & Another, 2025 INSC 182, 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 entire proceedings of S.T. No. 128 of 2021 pending in the court of Additional District and Session Judge/Fast Track court 2nd Hapur, arising out of Case Crime No. 244 of 2019, under sections 323, 452, 307, 504, 506 IPC, P.S. Dhaulana, District Hapur, are hereby quashed. 8. The application u/s 482 Cr.P.C. is hereby allowed. September 16, 2025 SY A482 No. 39166 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad