MOHD. USMAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/4366/2025 · 2025-08-12
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141338 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141338 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47221 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4366 of 2025 Applicant :- Mohd. Usman And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Seraj Ahmad,Touqeer Ahmad Counsel for Opposite Party :- G.A.,Sandeep Kumar Ojha,Touqeer Ahmad Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, Sri Sandeep Kumar Ojha, learned counsel appearing for opposite party no. 2 and learned AGA for the State as well as perused the material placed on record. By means of the instant application, the applicants have prayed for quashing of the entire criminal proceedings of Case No. 14825 of 2005; State of U.p. Vs. Mohd. Usman, arising out of Case Crime No. 500 of 2004, under Sections 504/506 IPC, Police Station Hazratganj, District Lucknow as well as summoning order dated 07.10.2005 and chargesheet dated 19.04.2005, on the basis of compromise dated 12.07.2024.
Learned counsel for the applicants submits that due to certain misunderstanding, the instant FIR 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 12.07.2024. He next added that vide order dated 27.05.2025, this Court had directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 10.06.2025. 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 against the applicants may be quashed.
Learned counsel appearing for 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 12.07.2024 and said compromise has been verified on 10.06.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings against the applicants. In view of the above, as the applicants and opposite parties have entered into compromise on 12.07.2024 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. Resultantly, the proceedings of Case No. 14825 of 2005; State of U.p. Vs. Mohd. Usman, arising out of Case Crime No. 500 of 2004, under Sections 504/506 IPC, Police Station Hazratganj, District Lucknow, are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly.
Order Date :- 12.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench