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2025 DAILYLAW 140667 (ALL)

JAFAR HUSSAIN @ SANNI v. STATE OF U.P. THRU. SECY. HOME LKO. AND 2 OTHERS

A482/4193/2025 · 2025-07-02

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37596 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4193 of 2025 Applicant :- Jafar Hussain @ Sanni Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 2 Others Counsel for Applicant :- Surya Kumar,S.M. Mohsin Zaidi Counsel for Opposite Party :- G.A.,Pushpendra Kumar Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Surya Kumar, learned counsel for the applicant, Sri S.P. Singh, learned State Counsel and Sri Pushpendra Kumar, learned counsel for opposite party no. 2. Short counter affidavit filed on behalf of opposite party no. 2 is taken on record. 2. By means of the instant application filed under Section 482 Cr.P.C/528 B.N.S.S., the applicant has sought quashing of Charge Sheet No. 01/2022, summoning order dated 19.06.2023 as well as the entire proceeding of Case No. 68403/2023 arising out of Case Crime No. 0069/2022, under Section 308 IPC, Police Station Talkatora, District Lucknow, pending in the court of ACJM-VI, Court No. 30, Lucknow, on the ground that the parties have already been entered into a settlement. 3. The quashing of the proceedings has been sought on the ground that the parties have entered into a compromise on 17.06.2022, which has been annexed as Annexure No.1 to the short counter affidavit. 4. By means of an order dated 20.05.2025 the trial court was directed to verify the compromise. The compromise has been verified by means of an order dated 30.05.2025 passed by the learned Additional Chief Judicial Magistrate-III, Court No. 27, Lucknow in case no. 68403 of 2023, which is annexed as Annexue No. SA-1 of the short counter affidavit. 5. Sri Pushpendra Kumar, the learned counsel for the opposite party no. 2 has supported the prayer made by the applicant and has given his consent for proceedings being quashed on the basis of compromise. 6. Accordingly, the present petition is allowed and the charge sheet No. 01/2022, summoning order dated 19.06.2023 as well as the entire proceeding of Case No. 68403/2023 arising out of Case Crime No. 0069/2022, under Section 308 IPC, Police Station Talkatora, District Lucknow, pending in the court of ACJM-VI, Court No. 30, Lucknow, are hereby quashed. Order Date :- 2.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench