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2025 DAILYLAW 109715 (ALL)

ASGAR ALI AND 3 OTHERS v. State of U.P. AND ANOTHER

A482/41504/2024 · 2025-09-16

Yogesh Dubey Joint Registrar Judicial

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 41504 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. The case is taken up on mentioning. 2. Supplementary affidavit filed on behalf of the applicants, is taken on record. 3. Heard Sri Mohd. Razif, learned counsel for the applicants, Sri Mohd. Gufran, Advocate, holding brief of Sri Azhar Hussain and Sri Chandra Shekhar Saran, learned AGA for the State-opposite party no.1. 4. This application u/s 482 Cr.P.C. has been preferred with prayer to quash the entire further proceeding of Criminal Case No.4460 of 2010 (State Vs. Asgar Ali), arising out of N.C.R. No.141 of 2010, under sections 323, 504, 506, IPC, Police Station Kotwali City, District Mirzapur, pending before learned Chief Judicial Magistrate, Mirzapur, on the basis of compromise. 5. 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 is already on record as annexure no.S.A.-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 proceeding of the aforesaid case be quashed. Versus Counsel for Applicant(s) : Mohd. Razif Counsel for Opposite Party(s) : Azhar Hussain, G.A. Asgar Ali And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. 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. 7. 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. 8. In view of the aforesaid, the entire further proceeding of Criminal Case No.4460 of 2010 (State Vs. Asgar Ali), arising out of N.C.R. No.141 of 2010, under sections 323, 504, 506, IPC, Police Station Kotwali City, District Mirzapur, pending before learned Chief Judicial Magistrate, Mirzapur, are hereby quashed. 9. The application u/s 482 Cr.P.C. is hereby allowed. September 17, 2025 VKG A482 No. 41504 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad