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2025 DAILYLAW 108528 (ALL)

SHAHNAWAZ v. STATE OF U.P. AND ANOTHER

A482/40355/2024 · 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. - 40355 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. The case is taken up on mentioning. 2. Heard Sri Ajay Kumar Mishra, learned counsel for the applicant, Sri Alok Kumar Gupta, learned counsel for opposite party no.2 and Sri O. P. Singh, 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 criminal proceeding including the charge sheet dated 01.07.2023 and cognizance order dated 04.07.2023, passed in S.T. No.669 of 2023 (State Vs. Shahnawaz), arising out of Case Crime No.318 of 2023, under sections 436, IPC, Police Station Amroha Nagar, District Amroha, pending before the learned Additional District Judge, Amroha, on the basis of compromise. 4. It is contended by learned counsel for the applicant that applicant 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 applicant 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) : Ajay Kumar Mishra Counsel for Opposite Party(s) : Alok Kumar Gupta, G.A. Shahnawaz .....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 applicant 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 applicant. 7. In view of the aforesaid, the entire criminal proceeding including the charge sheet dated 01.07.2023 and cognizance order dated 04.07.2023, passed in S.T. No.669 of 2023 (State Vs. Shahnawaz), arising out of Case Crime No.318 of 2023, under sections 436, IPC, Police Station Amroha Nagar, District Amroha, pending before the learned Additional Sessions Judge, Amroha, are hereby quashed. 8. The application u/s 482 Cr.P.C. is hereby allowed. September 16, 2025 VKG A482 No. 40355 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad