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2025 DAILYLAW 141183 (ALL)

MOHD. SHADAB AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 2 OTHERS

CRLP/4476/2025 · 2025-06-20

Attau Rahman Masoodi, Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35961-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 4476 of 2025 Petitioner :- Mohd. Shadab And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 2 Others Counsel for Petitioner :- Upmanyu Srivastava Counsel for Respondent :- G.A.,Lakshmi Kant Tripathi Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1. Heard learned counsel for the petitioners, Sri L.K. Tripathi, learned counsel for respondent No.4 and learned A.G.A. for the State-respondent Nos.1 to 3. 2. By means of this writ petition, the petitioners have prayed for quashing the F.I.R. dated 30.04.2025 registered as F.I.R. No. 0075 of 2025 under Sections 115(2), 352, 351(3) of the B.N.S., 2023, Police Station Gomti Nagar Vistar, District Lucknow. 3. Both the parties have arrived at a compromise under which the complainant has agreed not to pursue the proceeding against the petitioners. The original compromise/settlement deed dated 16.05.2025 is annexed as Annexure No.2 to the petition. 4. Learned counsel for the petitioners has placed reliance upon the judgment of this Court passed in the case of Sachin Kumar Singh versus State of U.P. and another reported in Neutral Citation No. 2024:AHC-LKO:10863 wherein this Court has held that extraordinary powers of the High Courts can be invoked beyond the metes and bounds of Section 320 Cr.P.C. The High Court can quash the proceedings even in cases where the parties have entered into a settlement after conviction. Para 16 of the aforesaid judgment is extracted below :- "16. The legal principles which can be culled out from a collective reading of the foresaid precedents, are that the extraordinary powers of the High Courts under Section 482 Cr.P.C. can be invoked beyond the metes and bounds of Section 320 Cr.P.C. Such powers ought to be exercised carefully in the context of quashing criminal proceedings, bearing in mind the nature and effect of the offence on the conscience of the society; the seriousness of the injury, if any, the voluntary nature of compromise between the accused and the victim, the conduct of the accused persons and the other relevant considerations. Though the Courts should be slow in quashing the proceedings wherein heinous and serious offences are involved, the High Court is not foreclosed from examining as to whether there is sufficient evidence which may lead to proving the charges. The High Court can quash the proceedings even in cases where the parties have entered into a settlement after conviction. The touchstone for exercising the extraordinary power under Section 482 Cr.P.C. would be to secure the ends of justice. There can be no hard and fast rule restricting the powers of the High Court to do substantial justice, as a restrictive construction of inherent powers under Section 482 Cr.P.C. may lead to grave injustice”. 5. Keeping in view the aforesaid position of law and coupled with the fact that the compromise had arrived at between both the parties, the writ petition deserves to be allowed. 6. Accordingly, the writ petition is allowed and the proceedings arising out of F.I.R. No. 0075 of 2025 under Sections 115(2), 352, 351(3) of the B.N.S., 2023, Police Station Gomti Nagar Vistar, District Lucknow are hereby quashed. 7. In case any compensation has been paid for commission of the alleged offence under any government scheme, the same shall be recovered from the victim in accordance with law. (Subhash Vidyarthi, J.) (Attau Rahman Masoodi, J.) Order Date :- 20.6.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench