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2025 DAILYLAW 153008 (ALL)

MOHD. HAMZA @ HARIZ v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/5918/2025 · 2025-07-24

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42596 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5918 of 2025 Applicant :- Mohd. Hamza @ Hariz Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Abhishek Singh,Faraz Ahmad,Zeeshan Akhtar Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Short counter affidavit filed by Sri Akhand Kumar Pandey, learned counsel for the opposite party no.2 is taken on record. 2. Heard Sri Abhishek Singh, the learned counsel for the applicants, Smt. Kamlesh Kumari, the learned A.G.A for the State and Sri Akhand Kumar Pandey, the learned counsel for the opposite party no. 2. 3. By means of the instant application filed under Section 482 Cr.P.C, the applicant has sought quashing of the charge sheet dated 15.06.2022, arising out of Case Crime No.0936 of 2021 under section - 323, 392 and 411 I.P.C, Police Station- Gomti Nagar, District Lucknow as well as summoning order dated 01.05.2024 passed by the learned Chief Judicial Magistrate, Lucknow in the said case, on the ground that the parties have entered into a compromise. 4. A copy of of the compromise deed dated 15.05.2025 has been annexed as Annexure No. 4 to the application, wherein it has been stated that parties have mutually resolved their disputes and the opposite party no.2 does not want any proceedings to continue against the applicant. 5. The learned counsel for the opposite party no. 2 has filed a short counter affidavit admitting the factum of compromise and supporting the prayer for quashing of the proceedings on the basis of compromise. 6. 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. 7. 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 charge sheet dated 15.06.2022, arising out of Case Crime No.0936 of 2021 under section - 323, 392 and 411 I.P.C, Police Station- Gomti Nagar, District Lucknow as well as summoning order dated 01.05.2024 passed by the learned Chief Judicial Magistrate, Lucknow in the said case are hereby quashed. (Subhash Vidyarthi,J.) Order Date :- 24.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench