AHTESHAM @ AHTESHAM HUSSAIN @ AITTI AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/4685/2025 · 2025-08-04
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142951 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142951 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45213 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4685 of 2025 Applicant :- Ahtesham @ Ahtesham Hussain @ Aitti And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Shashank Singh,Ruby Choudhary Counsel for Opposite Party :- G.A.,Nandini Rani Hon'ble Shree Prakash Singh,J.
1. Supplementary affidavit filed today by learned counsel for the applicants is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel for the opposite party no.2 and perused the record. 3. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following relief:-
"That for the facts, reasons and circumstances stated in the accompanying Affidavit, it is most respectfully prayed that it is expedient and necessary in the interest of justice that this Hon'ble High Court may graciously be pleased to stay the proceeding of Criminal Case No. 16076/2018 (State versus Ahtesham Hussain & others), under section 147, 323, 504, 506, 325 IPC and section 7 of Criminal Law Amendment Act, 1932, arising out of F.I.R. No. 74/2017, U/s 147, 323, 504, 506 & 392 Indian Penal Code, Police Station- Saadatganj, District Lucknow, pending before the Learned Judicial Magistrate- ATS, Lucknow, during the pendency of the present Application."
4. 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 19.05.2025. 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 30.05.2025, the verification was done and report has been submitted to this Court vide order dated 12.06.2025. 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. 74 of 2017 may be quashed. 5. 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. 6. Learned counsel for the State has no objection to the contention aforesaid. 7.
Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 19.05.2025 and said compromise has been verified on 12.06.2025 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. 74 of 2017.
8. In view of the above, as the applicants and opposite parties have entered into compromise on 19.05.2025 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.
9. Accordingly, Criminal Case No. 16076 of 2018 (State versus Ahtesham Hussain & others), under section 147, 323, 504, 506, 325 IPC and section 7 of Criminal Law Amendment Act, 1932, arising out of F.I.R./ Case Crime No. 74 of 2017, U/s 147, 323, 504, 506 & 392 Indian Penal Code, Police Station- Saadatganj, District Lucknow are hereby quashed.
10. The compromise shall be part of this order.
11. The application is allowed accordingly.
12. Consigned to record.
Order Date :- 4.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench