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2025 DAILYLAW 109270 (ALL)

MOHD FURAKAN AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

A482/42441/2024 · 2025-09-16

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. - 42441 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. The case is taken up on mentioning. 2. Heard Sri Mahesh Kumar, learned counsel for the applicants, Sri Yogesh Kumar Tiwari, learned counsel for opposite party no.2 and Sri Chandra Shekhar 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 dated 30.01.2017 and 15.03.2017, including the cognizance order dated 13.02.2017 as well as entire proceeding of Case No.2830 of 2017(State Vs. Mohd. Javed @ Chand and others), arising out of Case Crime No.07 of 2017, under sections 392, 411, 120-B, IPC, Police Station Jhunsi, District Prayagraj, 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. 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 Versus Counsel for Applicant(s) : Mahesh Kumar, Yashpal Singh Counsel for Opposite Party(s) : Yogesh Kumar Tiwari, G.A. Mohd Furakan And 6 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 charge sheet dated 30.01.2017 and 15.03.2017, including the cognizance order dated 13.02.2017 as well as entire proceeding of Case No.2830 of 2017(State Vs. Mohd. Javed @ Chand and others), arising out of Case Crime No.07 of 2017, under sections 392, 411, 120-B, IPC, Police Station Jhunsi, District Prayagraj, are hereby quashed. 8. The application u/s 482 Cr.P.C. is hereby allowed. September 17, 2025 VKG A482 No. 42441 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad