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2025 DAILYLAW 154062 (ALL)

RIZWAN ALIAS RIZWAN ALI AND 4 OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/6130/2025 · 2025-07-29

Subhash Vidyarthi

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43614 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6130 of 2025 Applicant :- Rizwan Alias Rizwan Ali And 4 Others Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Syed Nayab Raza Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Syed Nayab Raza, the learned counsel for the applicants, Sri Hansraj Verma, the learned A.G.A appearing on behalf of the State and Sri Upendra Pratap Singh, learned counsel for the opposite party no.2. 2. By means of the instant application filed under Section 482 Cr.P.C, the applicants have sought quashing of the chargesheet dated 10.08.2014 arising out of Case Crime No. 314 of 2014, under Sections 147, 42, 23, 504, 506 I.P.C P.S. Thakurganj District Lucknow as well as summoning order dated 20.01.2025 along with the entire proceedings of Case No.2271 of 2025, on the ground that the parties have arrived at a settlement. 3. A copy of the compromise deed dated 07.06.2025 has been annexed as Annexure No. 4 to the application, wherein it has been stated that both the parties have resolved their mutual disputes and differences and that the opposite party no.2 does 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 supporting the prayer for quashing of the proceedings 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 10.08.2014 arising out of Case Crime No. 314 of 2014, under Sections 147, 42, 23, 504, 506 I.P.C P.S. Thakurganj District Lucknow as well as summoning order dated 20.01.2025 along with the entire proceedings of Case No.2271 of 2025, are hereby quashed. (Subhash Vidyarthi,J.) Order Date :- 29.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench