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2025 DAILYLAW 110082 (ALL)

SALEEM AND 17 OTHERS v. STATE OF U.P. AND ANOTHER

A482/41949/2024 · 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. - 41949 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. The case is taken up on mentioning. 2. Heard Sri Krishna Kant Yadav, learned counsel for the applicants, Sri Mahuddin Ahmad, Advocate, holding brief of Sri Mohd. Irfan, learned counsel for opposite party no.2 and Sri Shiv Dutt Shukla, 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 order dated 05.06.2024, passed by Session Judge, Rampur, in Criminal Revision No.128 of 2024, as well as order dated 02.04.2024, passed by Additional Civil Judge(Senior Division)/A.C.J.M., Court No.2, Rampur, in F.R. Case No.96 of 2023 (Haseen Bano Vs. Saleem & Others), arising out of Case Crime No.205 of 2023, under sections 147, 148, 149, 504, 323, 307, 352, 427, 395, IPC, Police Station Swar, District Rampur, pending before the learned Additional Civil Judge(Senior Division)/A.C.J.M., Court No.2, Rampur, on the basis of compromise. 4. It is contended by learned counsel for the applicants that the 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. It is further contended that the injuries received by the injured persons are simple in nature. It is also submitted that the proceeding of the cross case of the present case has already been quashed by this Court vide order dated 04.07.2025, passed in Application U/s 482 No.40282 of 2024. 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) : Ashiya Parveen, Krishna Kant Yadav Counsel for Opposite Party(s) : G.A., Mohd. Irfan Saleem And 17 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 learned counsel for the applicants. 6. In view of the fact that the injuries received by the injured persons are simple in nature and the proceeding of the cross case of the present case has already been quashed by this Court vide order dated 04.07.2025, passed in Application U/s 482 No.40282 of 2024. The 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 order dated 05.06.2024, passed by Session Judge, Rampur, in Criminal Revision No.128 of 2024, as well as order dated 02.04.2024, passed by Additional Civil Judge(Senior Division)/A.C.J.M., Court No.2, Rampur, in F.R. Case No.96 of 2023 (Haseen Bano Vs. Saleem & Others), arising out of Case Crime No.205 of 2023, under sections 147, 148, 149, 504, 323, 307, 352, 427, 395, IPC, Police Station Swar, District Rampur, pending before the learned Additional Civil Judge(Senior Division)/A.C.J.M., Court No.2, Rampur, are hereby quashed. 8. The application u/s 482 Cr.P.C. is hereby allowed. September 17, 2025 VKG A482 No. 41949 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad