MOHD. ABID AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO AND ANOTHER
A482/6068/2025 · 2025-08-01
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153591 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153591 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:44883 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6068 of 2025 Applicant :- Mohd. Abid And 3 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Alok Kr. Misra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Asif Mohammd holding brief of Sri Alok Kr. Misra, learned counsel for the applicants, Sri Abhishek Kumar Singh, learned A.G.A for the State and Sri Satyarth Mishra, 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 applicant has sought quashing of the entire proceeding of Case No. 28058/2022, arising out of Case Crime/FIR No. 370/2022, under Sections 406, 504 & 506 IPC, Police Station Kotwali, District Barabanki, on the ground that the parties have already been entered into a settlement.
3. The quashing of the proceedings has been sought on the ground that the parties have entered into a compromise on 28.05.2025, which has been annexed as Annexure No.4 to the application.
4. The applicants had filed an application under section 482 Cr.P.C. No. 209 of 2023, which was disposed of by means of an
order dated 12.01.2023 directing the trial court to verify the compromise. The compromise has been verified by means of an
order dated 01.07.2025 passed by the learned Chief Judicial Magistrate, Barabanki in case No. 28058 of 2022, which is annexed as Annexue No. 6 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. In Khursheed & Anr. Vs. State of U.P. & Anr.: 2023 SCC OnLine All 3960 a coordinate Bench of this Court has held that an FIR/charge sheet/criminal proceedings can be quashed in parts also, in exercise of inherent power of this Court under Section 482 CrPC.
7. Accordingly, the present petition is allowed and the entire proceeding of Case No. 28058/2022, arising out of Case Crime/FIR No. 370/2022, under Sections 406, 504 & 506 IPC, Police Station Kotwali, District Barabanki, so far as it relates to the applicants only, are hereby quashed.
Order Date :- 1.8.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench