MOHAMMAD MUJAHID AND OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. LKO. AND ANOTHER
A482/908/2023 · 2025-09-03
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120676 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120676 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 908 of 2023 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Shri Arvind Kumar Mishra, Advocate has filed his Vakalatnama along with Short counter affidavit on behalf of legal heir of opposite party no. 2 and the same is taken on record. 2. Heard learned counsel for the parties and perused the record. 3. Instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023 has been filed with the prayer to quash the summoning order dated 29.06.2022 passed by the learned Chief Judicial Magistrate, Court No.16, Sultanpur in Criminal Case No.5930/2022 (State Vs. Hari Shankar Singh and Ors), so far as it relates to the applicants, and to quash the criminal proceeding, arising out of Case Crime No.0881/2021, under Sections 419, 420 and 120-B IPC lodged at P.S. Kotwali Nagar, District Sultanpur initiated pursuant to charge-sheet no.1/2022 filed on 22.05.2022 in the aforesaid case crime number. 4. It is argued by learned counsel for the applicants that the applicants were not named in the FIR, whereas fact remains that they are purchaser of the land in question. He added that subsequently, the parties sat together and have arrived at a settlement vide compromise deed dated 17.07.2025 and the criminal proceeding against the co-accused, namely, Hari Shanker Singh and one other accused person has already been quashed vide order dated 31.07.2025 passed by this Court in an Versus Counsel for Applicant(s) : Anil Kumar Pandey Counsel for Opposite Party(s) : G.A., Aftab Ahmad Mohammad Mujahid And Others .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Lko. And Another .....Opposite Party(s)
Application U/s 482 No.6166/2025. Thus, the same relief is sought so far as the present applicants are concerned. 5. Counsel appearing for legal heir of opposite party no. 2 has supported the version of learned counsel for the applicants. 6. Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. 7. For the foregoing reasons, particularly, the fact that proceeding of Criminal Case No.5930/2022 (State Vs.
Hari Shankar Singh and Ors), arising out of Case Crime No.0881/2021, lodged at P.S. Kotwali Nagar, District Sultanpur has already been quashed by this Court vide order dated 31.07.2025 passed in an Application U/s 482 No.6166/2025 and, therefore, the effect of the aforesaid order dated 31.07.2025 shall also apply to the present applicants and the proceedings of Criminal Case No.5930/2022 (State Vs. Hari Shankar Singh and Ors), arising out of Case Crime No.0881/2021, under Sections 419, 420 and 120-B IPC lodged at P.S. Kotwali Nagar, District Sultanpur qua the applicants are also quashed. 8. The application is allowed. September 3, 2025 MVS/- A482 No. 908 of 2023 2 (Shree Prakash Singh,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench