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2025 DAILYLAW 127841 (ALL)

HIMANSHU NIGAM @ DABBU AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

CRLA/807/2025 · 2025-03-11

Karunesh Singh Pawar

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14928 Court No. - 16 Case :- CRIMINAL APPEAL No. - 807 of 2025 Appellant :- Himanshu Nigam @ Dabbu And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Saket Kumar Gupta Counsel for Respondent :- G.A.,Kapil Dev Chaubey Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicants and learned counsel appearing on behalf of private respondent as also learned A.G.A.. 2.By means of present appeal the appellants have prayed for quashing of entire proceedings of Crl. Case No.1960 of 2022 in case crime No.190 of 2021 under sections 505(2), 504, 506 I.P.C., 3(1)dha, 3(2) Va SC/ST Act, P.S. Malihabad, district Lucknow and order dated 16.8.2022, pending in the court of Special Judge, SC/ST Act, Lucknow. 3.Learned counsel for the appellants submits that the parties have entered into compromise outside the court. On the basis of compromise which is on record, a criminal appeal No.421 of 2025 was filed by the appellants. The said appeal has been disposed of vide order dated 5.2.2025 whereby, the trial court was directed to verify the compromise in presence of the parties. In compliance of the said order, the parties have appeared before the trial court and the learned court below has verified the compromise in the presence of the parties vide order dated 17.2.2025. 4.It is submitted on behalf of the appellants that the dispute between the appellants and private respondent has been amicably settled by way of compromise, which has been verified under orders of this Court. Therefore, the impugned proceedings are liable to be quashed. Learned counsel has relied on judgment of Supreme Court in Ramawatar versus State of M.P. 2021 SCC OnLine SC 966, (2012)10 SCC 303 Gian Singh versus State of Punjab and another and (2014)6 SCC 466 Narinder Singh and others versus State of Punjab and another and Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and others versus State of Gujarat and another (2017)9 SCC 641. 5.Learned counsel for respondent No.2 concedes the arguments advanced by appellants' counsel. 6.On due consideration to the submission(s) of parties' counsel, the compromise entered into between the parties as well as the verification report, the judgment in aforesaid cases and perusal of the record, this Court is of the view that the impugned proceedings are liable to be and are hereby quashed. 7.The appeal is accordingly disposed of. Order Date :- 11.3.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench