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2025 DAILYLAW 134903 (ALL)

SHAHABUDDIN AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/3387/2025 · 2025-04-24

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23567 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3387 of 2025 Applicant :- Shahabuddin And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ashok Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for the applicants as well as learned Additional Government Advocate for the State of U.P. and Sri Prashant Singh, learned counsel who has put in appearance for opposite party no. 2 and filed vakalatnama, which is taken on record. 2. By means of present application u/s 482 Cr.P.C., the applicants have prayed for quashing the entire criminal proceedings (in the light of compromise dated 28.8.2023 entered into between the parties and as contained in Annexure - 4 to the affidavit filed in support of application) initiated against the petitioners in pursuance of the impugned summoning order dated 2.7.2025 passed by Judicial Magistrate 1st, Lucknow in complaint No.197A/2013 as well as Misc. Case No.268/2008, arising out of case crime No.111/2005, under Sections 323, 324 IPC, police station Cantt, Lucknow. 3. Facts in brief are that opposite party No.2 lodged a first information report on 8.7.2005 to the effect that on 8.7.2005 at 10.30 the applicants along with others came to his house and tried to kill his brother Faqir Ahmad by firing a gun shot which missed touching his feet, thereafter he was hit by the butt of the gun due to which the head of his brother got injured. He was rushed to the hospital and was under treatment. 4. It has been contended by learned counsel for the applicants that this Court by means of order dated 26.9.2023 passed in application under Section 482 Cr.P.C. No.9321 of 2023, directed the parties to appear before the trial court for verification of the compromise. In compliance of aforesaid order, the parties appeared before Judicial Magistrate-I, ATS (Anti Terror Squad), Lucknow on the date fixed which has verified the compromise and a report dated 28.8.2024 to this effect has been submitted for perusal of this Court. Therefore, the proceedings of aforesaid criminal case may be quashed in view of the compromise dated 28.8.2023. 5. Learned counsel for the applicants in support of his contention has placed reliance on the judgment of Hon'ble Apex Court in the case of Manoj Sharma Vs. State, (2008) 16 SCC 1, Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466 and Yogendra Yadav Vs. State of Jharkhand, (2014) 9 SCC 653 and has submitted that the applicants as well as opposite party no. 2 have compromised the dispute and as such opposite party no. 2 does not want to press the present case against the applicants. 6. Learned counsel appearing for opposite party no. 2 and learned Additional Government Advocate have stated that they have no objection in case the proceedings of the aforesaid case are quashed in the light of the compromise. 7. Heard learned counsel for the parties and perused the record. 8. From the perusal of the record it is apparent that the parties have entered into compromise and have settled their dispute amicably. 9. In this regard, the view taken by the Apex Court in the case of Manoj Sharma Vs. State (supra), Narinder Singh Vs. State of Punjab (supra) and Yogendra Yadav Vs. State of Jharkhand (supra), which have been relied upon by the learned counsel for the applicants finds force that this Court in exercise of its inherent power under Section 482 Cr.P.C. can quash the proceedings as the dispute has been amicably settled between the parties. 10. In the light of the fact that the settlement has arrived at between the applicants and the private respondents and does not effect the public at large, and would only amount to private dispute between the parties, no useful purpose will be served will be served by allowing the applicants to be prosecuted in the said trial, therefore the proceedings of the aforesaid case are quashed, accordingly this application under Section 482 Cr.P.C. is allowed. (Alok Mathur, J.) Order Date :- 24.4.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench