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2025 DAILYLAW 154807 (ALL)

MOHAMMAD RASHID AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

A482/6834/2025 · 2025-08-21

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49252 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6834 of 2025 Applicant :- Mohammad Rashid And 3 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Mohd. Naeem,Mohd. Altaf,Prince Verma Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State, as well as Shri Amit Kumar, Advocate, who has put his appearance on behalf of opposite party no. 2, and perused the record. The Vakalatnama is taken on record. 2. The instant application has been filed seeking quashing of the proceedings of Criminal Case No.109311/2023 (State Vs. Mohd. Rashid and others), arising out of Case Crime No.0224/2022, under Section 323 against applicant nos. 1 to 3 and under Sections 323 and 354 IPC against applicant no.4, Police Station Chowk, District Lucknow, pending in the Court of learned Additional Chief Judicial Magistrate V, Lucknow and to quash the order dated 02.09.2023 passed in the aforesaid case by means of which cognizance of the offence has been taken and the applicants have been summoned on the ground that the parties have arrived at a compromise/settlement. 3. Learned counsels for the parties submit that the parties have settled their dispute amicably outside the Court and they have arrived at a compromise. The compromise entered into between the parties have been placed on record as Annexure-4 to the application. The parties have confirmed the terms of the compromise. The compromise has been verified between the parties by learned Additional Chief Judicial Magistrate (A.P.), Lucknow vide order dated 06.03.2025 in compliance of the order dated 12.02.2025 passed by this Court in an Application U/s 482 No.10885/2024. 4. I have considered the submissions of learned counsel for the parties. 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 proceedings in pursuance of the criminal proceedings would be an exercise in futility. 6. 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 instant application is allowed and the proceedings of Criminal Case No.109311/2023 (State Vs. Mohd. Rashid and others), arising out of Case Crime No.0224/2022, under Section 323 against applicant nos. 1 to 3 and under Sections 323 and 354 IPC against applicant no.4, Police Station Chowk, District Lucknow, pending in the Court of learned Additional Chief Judicial Magistrate V, Lucknow are hereby quashed. 7. The compromise deed shall be part of this order. 8. Consign to record. [Shree Prakash Singh,J.] Order Date :- 21.8.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench