MO KHALIL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. CIVIL SECTT. HOME DEPTT. LKO AND ANOTHER
A482/4576/2025 · 2025-09-17
Shree Prakash Singh
body2025
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[ 2025 DAILYLAW 142532 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142532 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 4576 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the applicants, Shri Mohan Singh, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the record. 2. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following prayer:-
"For the facts, circumstances and reasons stated in accompanying affidavit it is most respect fully prayed that this Hon'ble court may kindly be pleased to quash the charge sheet no.1/2017 dated 31.08.2017, Case Crime No. 577/2017, U/s- U/s 419, 420, 467, 468, 471 IPC & section 3 of the Prevention of Damages to Public Property Act, 1984 filed against the petitioner no.1 as well as the charge sheet no.2/2018 dated 31.01.2018, Case Crime No. 577/2017, U/s- U/s 419, 420, 467, 468, 471, 120B IPC & section 3 of the Prevention of Damages to Public Property Act, 1984 filed against the petitioner no.2, Police Station Kotwali Nagar, District Gonda, along with the Criminal Case No. 2147/2017, State Vs Mohd. Khalil, Crime No. 577/2017, U/s 419, 420, 467, 468, 471 IPC & section 3 of the Prevention of Damages to Public Property Act, 1984 connected with Criminal Case No.411/2018, State Vs Shadab, Crime No. 577/2017, U/s 419, 420, 467, 468, 471, 120B IPC & section 3 of the Prevention of Damages to Public Property Act, 1984, Police Station-Kotwali Nagar, District-Gonda, pending in the court of learned Chief Judicial Versus Counsel for Applicant(s) : Govind Kumar Chourasia Counsel for Opposite Party(s) : G.A., Mohan Singh Mo Khalil And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Civil Sectt. Home Deptt. Lko And Another .....Opposite Party(s)
Magistrate, Gonda, in the light of compromise taken place between the parties dated 15.04.2025. It is further prayed that this Hon'ble court may kindly be pleased to stay the further proceedings of the Criminal Case No. 2147/2017 State Vs Mohd. Khalil connected with Criminal Case No. 411/2018 State Vs Shadab, pending before the learned CIM, Gonda, during pendency of the petition before this Hon'ble court, in the interest of justice."
3. The learned counsel for the applicants submits that due to certain misunderstanding, the instant FIR was lodged against the applicants and thereafter the parties sat together and has amicably settled their dispute which has been reduced in writing on 15.04.2025.
He added that thereafter the applicants filed the instant application for direction to the trial Court to verify the compromise deed and in compliance of the order dated 28.05.2025, the verification was done and report has been submitted to this Court vide order dated 03.06.2025. He submits that further criminal proceeding in the instant matter would amount to harassment and thus the instant criminal proceeding arising out of F.I.R./ Case Crime No.577/2017 may be quashed. 4. Learned counsel for the opposite party no.2 has also supported the contention of the learned counsel for the applicants and submits that parties have amicable settled their dispute and the opposite party no. 2 has no grievance, hence, criminal proceedings against the applicants may be dropped. 5. Learned counsel for the State has no objection to the contention aforesaid. 6. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 15.04.2025 and said compromise has been verified on 03.06.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal case relating to F.I.R./ Case Crime No.577/2017. 7. In view of the above, as the applicants and opposite parties have A482 No. 4576 of 2025 2
entered into compromise on 15.04.2025 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 Judgements 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. 8. Accordingly, the proceeding of Criminal Case No. 2147/2017 "State Vs Mohd.
Khalil", arising out of Crime No. 577/2017, U/s 419, 420, 467, 468, 471 IPC & section 3 of the Prevention of Damages to Public Property Act, 1984 connected with Criminal Case No.411/2018 "State Vs Shadab", Crime No. 577/2017, U/s 419, 420, 467, 468, 471, 120B IPC & section 3 of the Prevention of Damages to Public Property Act, 1984, Police Station-Kotwali Nagar, District-Gonda , is hereby quashed. 9. The compromise shall be part of this order. 10. The application is allowed accordingly. 11. Consigned to record. September 17, 2025 Mohd. Sharif A482 No. 4576 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench