GUFRAN ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/4048/2025 · 2025-05-15
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139741 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139741 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28831 Court No. - 29 Case :- APPLICATION U/S 482 No. - 4048 of 2025 Applicant :- Gufran Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sunil Mishra,Mukesh Kumar Pandey Counsel for Opposite Party :- G.A.,Saniya,Sharda Mohan Tiwari Hon'ble Shree Prakash Singh,J. Vakalatnama filed today by Shri Sharda Mohan Tiwari, Advocate on behalf of opposite party no.2. Heard learned counsel for the applicant, learned A.G.A. for the State, Shri Sharda Mohan Tiwari, learned counsel for the opposite party no.2 and perused the record. The instant application under Section 482 Cr.P.C/ 528 BNSS has been filed with the following main reliefs:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Charge sheets dated No.1/2022 dated 9.9.2022 and impugned summoning order dated 11.01.2023 including all criminal proceedings of Criminal Case no. 115217/2022, F.I.R No. 0209/2022, U/Ss 354/506 1.P.C. P.S. Gomti Nagar Extension Lucknow, during the pendency of the present application. It is further prayed that this Hon'ble Court may kindly be pleased to quash the entire Criminal Proceedings initiated against the petitioners in Criminal Case no. 115217/2022, F.I.R No. 0209/2022, U/Ss 354/506 I.P.C. P.S. Gomti Nagar Extension Lucknow on the basis of Compromise dated 8.9.2022 (Annexure No.4) and the learned Chief Judicial Magistrate Lucknow has verified with the report dated 24.11.2022 (Annexure No.5), which is pending before the court of learned Chief Judicial Magistrate Faizabad/Ayodhya in the interest of justice."
Learned counsel for the applicants submits that due to certain misunderstanding, the instant F.I.R. was lodged against the applicants. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 8.9.2022. Thereafter, the applicants filed an Application U/S 482 No. 8143 of 2023 wherein this Court has
directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on
25.8.2023. He submits that now there is no dispute in between the parties and they have settled their dispute. He submits that
further criminal proceedings in the instant matter would amount to harassment and, thus, the instant criminal proceedings arising out of Case Crime Crime No. 0209 of 2022 may be quashed.
Learned counsel for the opposite party no.2 has also supported the version of the learned counsel for the applicants and submits that parties have amicably settled their dispute and the opposite party no.2 has no grievance, hence, criminal proceedings against the applicants may be dropped.
Learned counsel for the State has no objection to the
submissions aforesaid. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 8.9.2022 and said compromise has been verified on 25.8.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings relating to Case Crime No. 0209 of 2022. In view of the above, as the applicants and opposite parties have entered into compromise on 8.9.2022 and no grievance remains to be agitated and, as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgments of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation (2008) 9 SCC 677; Manoj Sharma Vs. State and others, (2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab (2014) 6 SCC 466. Accordingly, entire criminal proceedings of Criminal Case no.
115217/2022, F.I.R No. 0209/2022, U/Ss 354/506 I.P.C. P.S. Gomti Nagar Extension, District Lucknow, are hereby quashed. The compromise deed shall be the part of this order. The application is allowed accordingly. Consigned to records.
Order Date :- 15.5.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench