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2025 DAILYLAW 152736 (ALL)

MOHD.KASIM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/5867/2025 · 2025-07-22

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42073 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5867 of 2025 Applicant :- Mohd.Kasim And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vaibhav Chauhan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vaibhav Chauhan, the learned counsel for the applicants, Smt. Kamlesh Kumar, the learned A.G.A for the State and Sri Amrendra Singh, the 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 applicants have sought quashing of the chargesheet dated 11.03.2023 arising out of Case Crime No. 390 of 2022, under Sections 147, 323, 504, 506 I.P.C, Police Station Tarun, District Ayodhya along with the entire proceedings of Criminal Case No. 415 of 2023, which is pending before the Court of Chief Judicial Magistrate- II, Faizabad, on the ground that the parties have entered into a compromise. 3. A copy of the compromise deed dated 11.07.2025 has been annexed as Annexure No. 4 to the application, wherein it has been stated that the parties have resolved their disputes and mutual differences and they do not want any proceedings to continue against the applicants. 4. The learned counsel for the opposite party no. 2 has filed a short counter affidavit admitting the factum of compromise and has given his consent for proceedings being quashed on the basis of compromise. 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 criminal proceedings would be an exercise in futility. 6. 6. In view of the fact that the parties have settled their dispute by way of compromise arrived at between the parties and the law laid down by the Supreme Court of India, the present petition is allowed and the chargesheet dated 11.03.2023 arising out of Case Crime No. 390 of 2022, under Sections 147, 323, 504, 506 I.P.C, Police Station Tarun, District Ayodhya along with the entire proceedings of Criminal Case No. 415 of 2023, are hereby quashed. (Subhash Vidyarthi,J.) Order Date :- 22.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench