FAKHAROODDEEN AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/5773/2025 · 2025-07-17
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151561 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151561 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40923 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5773 of 2025 Applicant :- Fakharooddeen And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vijyant Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1.Heard Sri Vijyant Sahani, the learned counsel for the applicants, Sri Ashok Srivastava, the learned A.G.A. for the State, as well as Sri Rakesh Kumar Nayak, Advocate, who has put in appearance on behalf of the respondent No.2. The Vakalatnama filed by him is taken on record.
2. By means of the instant application U/s 482 CrPC, the applicants have sought quashing of the proceedings of Sessions Trial No86/2019 (State Vs. Fakharooddeen & others) arising out of Case Crime No.015/2015, under Sections 147, 323, 427, 452, 504 and 506 IPC lodged at Police Station Bawana, District Ambedkar Nagar as well as quashing of the chargesheet no.09 of 2018 dated 17.03.2018 filed in the aforesaid crime number on the ground that the parties have arrived at a compromise/settlement.
3. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at a compromise. The compromise entered into between the parties have been placed on record as Annexure-1 to the petition. The parties have confirmed the terms of the compromise. The compromise has been verified between the parties by the learned Sessions Judge-1st, Ambedkar Nagar vide
order dated 16.06.2025 in compliance of the order dated
12.03.2025 passed by this Court in Application u/s 482 No.2321 of 2025.
4. I have considered the submissions of learned counsel for the parties.
5. Considering the ratio laid down by the Supreme Court in the cases of B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility.
6. In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present petition is allowed and the proceedings of Sessions Trial No86/2019 (State Vs. Fakharooddeen & others) arising out of Case Crime No.015/2015, under Sections 147, 323, 427, 452, 504 and 506 IPC lodged at Police Station Bawana, District Ambedkar Nagar as well as the chargesheet no.09 of 2018 filed in the aforesaid crime number, are hereby quashed.
Order Date :- 17.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench