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2025 DAILYLAW 141570 (ALL)

WAHAB ALAM AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/4393/2025 · 2025-07-01

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37037 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4393 of 2025 Applicant :- Wahab Alam And Another Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Dinesh Kumar Counsel for Opposite Party :- G.A.,Nikhil Pandey Hon'ble Subhash Vidyarthi,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Dinesh Kumar, the learned counsel for the applicants, Sri S.P. Singh, the learned State Counsel and Sri Gyan Sagar Gupta, Advocate holding brief of Sri Nikhil Pandey, the learned counsel for the opposite party no. 2. 3. By means of the instant application filed under Section 482 Cr.P.C., the applicants has sought quashing of the charge sheet dated 27.03.2010, arising out of Case Crime No. 108 of 2010, under Section 506, 354 I.P.C, P.S. Malihabad, District Lucknow as well as the entire proceedings of the Case No. 2564 of 2010, "State Vs. Wahab Alam and another", which is pending in the court of Special Chief Judicial Magistrate (Custom), Lucknow. 4. The quashing of the proceedings has been sought on the ground that the parties have entered into a compromise on 23.12.2024, a copy whereof has been annexed with the supplementary affidavit. 5. The applicants had filed an application under section 482 Cr.P.C. No. 4393 of 2025, which was disposed of by means of an order dated 28.05.2025 directing the trial court to verify the compromise. The compromise has been verified by means of an order dated 10.06.2025 passed by the learned Special Chief Judicial Magistrate (Custom), Lucknow in Case No. 2564 of 2010. It is stated in the compromise that the parties have resolved their dispute and the opposite party no.2 does not want any further proceedings against the applicants. 6. The learned counsel for the opposite party no. 2 has also supported the factum of compromise and has given his consent for proceedings being quashed on the basis of compromise. 7. Accordingly, the present application is allowed and the charge sheet dated 27.03.2010, arising out of Case Crime No. 108 of 2010, under Section 506, 354 I.P.C, P.S. Malihabad, District Lucknow as well as the entire proceedings of the Case No. 2564 of 2010, "State Vs. Wahab Alam and another", are hereby quashed. (Subhash Vidyarthi,J.) Order Date :- 1.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench