Neutral Citation No. - 2025:AHC-LKO:42063 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5869 of 2025 Applicant :- Imam And 5 Others Opposite Party :- State Of U.P. Thru. The Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Shamshad Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Shamshad Ahmad Khan, the learned counsel for the applicants, Sri Angad Kumar Vishwakarma, the learned A.G.A for the State and Sri Amaan Ahmad, learned counsel for the opposite party no. 2, who has filed a short counter affidavit which is taken on record. 2. By means of the instant application filed under Section 482 Cr.P.C, the applicant has sought quashing of the entire proceedings of Criminal Case No.86398 of 2019 arising out of Case Crime No. 664 of 2018, under Sections 147, 148, 307, 506, 386 I.P.C, Police Station Gudamba, District Lucknow as well as Charge sheet dated 06.11.2019, supplementary charge sheet dated 27.12.2021 and cognizance and summoning order dated 22.11.2019 passed by the learned Judicial Magistrate-II, Lucknow, on the ground that the parties have entered into a settlement. 3. The aforesaid case was instituted on the basis of an F.I.R lodged by the opposite party no.2 on 13.10.2018 against the applicant no.1- Immam Gazi, Wassem, Mussu Gazi- applicant no.2 and 12-15 other unnamed persons, stating that the accused persons had assaulted him with rod, sticks etc. and it was also alleged that two gun shots were fired towards him but both the shots missed him. 4. The medico legal examination report of the informant mentions numerous injuries but the injuries were simple in nature. 5. After investigation, the Investigating Officer has submitted a chargesheet against the applicants on 06.11.2019 for offences under Section 147, 148, 307, 506, 386 I.P.C and the trial court took cognizance of the offences on 22.11.2019. 6. During pendency of the trial, the parties have entered into a compromise dated 07.07.2025 stating that they have resolved their dispute and they do not want any proceedings to continue against the applicants. 7. The learned counsel for the opposite party no. 2 has filed a short counter affidavit supporting the prayer for quashing of the criminal proceedings instituted by him on the ground that hhe has entered into a compromise with the applicants. 8. In Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online All 106, this Court relied upon the judgment of the Hon'ble Supreme Court in the cases of Narinder Singh v. State of Punjab; (2014) 6 SCC 466 and State of Madhya Pradesh v. Laxmi Narayan; (2019) 5 SCC 688 wherein it has been held that the power under Section 482 Cr.P.C. is not to be exercised in prosecutions involving heinous and serious offences of mental depravity which are not private in nature and have a serious impact on the society. Although the offence under Section 307 IPC would fall in the category of serious and heinous offences, the High Court would not rest its decision merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under this provision and the High Court should examine as to whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under Section 307 IPC. For this purpose, the High Court may consider the nature of injury sustained, whether it was inflicted on any vital part of the body, nature of weapons used etc. Such an exercise would be permissible only after collection of the evidence and submission of the charge sheet and not when the matter is still being investigated. 9. In Naushey Ali & Ors. v. State of U.P. & Anr.: (2025) 4 SCC 78, the Hon'ble Supreme Court has referred to and relied upon the aforesaid principles laid down by the Hon'ble Supreme Court in State of M.P. v. Laxmi Narayan (supra). 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the F.I.R alleges assault by several articles including rod, sticks etc. and firing by a gun shot, the opposite party no.2 has suffered some simple injuries and he has not suffered any gun shot injury; the parties have amicably settled their dispute and the opposite party no.2 has supported the prayer for quashing of the criminal proceedings by filing a short counter affidavit. 11. Keeping in view the aforesaid facts in light of the law laid down by the Hon'ble Supreme Court in Laxmi Narayan and Naushey Ali and of this Court in Mohd. Ibrahim (supra), it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the criminal proceedings would be an exercise in futility. 12 . 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 application is allowed and the entire proceedings of Criminal Case No.86398 of 2019 arising out of Case Crime No. 664 of 2018, under Sections 147, 148, 307, 506, 386 I.P.C, Police Station Gudamba, District Lucknow as well as Charge sheet dated 06.11.2019, supplementary charge sheet dated 27.12.2021 and cognizance and summoning order dated 22.11.2019 are hereby quahsed. . (Subhash Vidyarthi,J.) Order Date :- 22.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench