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2025 DAILYLAW 150720 (ALL)

MOHAMMAD ALTAF @ MOHAMMAD. SHAMIM KHAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/5631/2025 · 2025-07-11

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39831 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5631 of 2025 Applicant :- Mohammad Altaf @ Mohammad. Shamim Khan And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Kuldeep Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Kuldeep Singh, learned counsel for the applicants, Sri Mohd. Asif Khan, learned AGA-I for the State Satyendra Kumar Singh, the learned A.G.A for the State and Sri Abhay Kumar, Advocate, who has filed his vakalatnama on behalf of the opposite party no. 2, which is taken on record. 2. By means of the instant application filed under Section 482 Cr.P.C, the applicants have sought quashing of the proceeding of Case No. 5687/2023, arising out of Case Crime No. 662/2022, under Sections 498-A/323/504/506 IPC & 3/4 D.P. Act, Police Station Kotwali Nagar, District Sultanpur, pending before learned Chief Judicial Magistrate, Court No. 16, Sultanpur, on the basis of a settlement arrived at between the parties. 3. The quashing of the proceedings has been sought on the ground that the parties have entered into a compromise on 02.09.2024, which has been annexed as Annexure No.5 to the application. 4. The applicants had filed an application under section 482 Cr.P.C. No. 7946 of 2024, which was disposed of by means of an order dated 06.09.2024 directing the trial court to verify the compromise. The compromise has been verified by means of an order dated 20.09.2024 passed by the learned Chief Judicial Magistrate, Court No. 16, Sultanpur in Criminal Case No. 5687 of 2023, which is annexed as Annexure No. 4 to the application. 5. Learned counsel for the opposite party no. 2 has supported the prayer made by the applicants and has given his consent for proceedings being quashed on the basis of compromise. 6. Accordingly, the present petition is allowed and the proceeding of Case No. 5687/2023, arising out of Case Crime No. 662/2022, under Sections 498-A/323/504/506 IPC & 3/4 D.P. Act, Police Station Kotwali Nagar, District Sultanpur, pending before learned Chief Judicial Magistrate, Court No. 16, Sultanpur, are hereby quashed. Order Date :- 11.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench