SABIR AND 5 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER
A482/6718/2025 · 2025-08-21
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157481 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157481 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48991 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6718 of 2025 Applicant :- Sabir And 5 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another Counsel for Applicant :- Arshad Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
Order on C.M. Application No.IA/1/2025 (Application for exemption)
1. Heard on the application for exemption.
2. The cause shown in the affidavit filed in support of the application for exemption is sufficient.
3. Accordingly, the application for exemption is allowed for the reasons explained in the affidavit thereof.
Order on application U/S 482 Cr.P.C.
4. Joint vakalatnama filed by Ms. Shafaq Fatima and Mr. Abisek Kumar Dixit, Advocates on behalf of opposite party no.2 is taken on record. 5. Heard learned counsel for the applicants, learned A.G.A. for the State, Ms. Shafaq Fatima and Mr. Abisek Kumar Dixit, learned counsel for the opposite party no.2 and perused the record. 6. By means of the instant application, the applicants have prayed to quash the entire proceeding of Case No.2420 of 2023 including the summoning order dated 14.08.2023 passed by the learned A.C.J.M., Court No.19, Barabanki as well as the charge-sheet dated 12.09.2022 arsing out of Case Crime No.85 of 2022 under Sections 34, 323, 336, 504, 506 of the IPC, Police Station Jahangirabad, District Barabanki in the light of compromise dated 18.10.2024. 7. The learned counsel for the applicants submits that due to certain misunderstanding, the instant FIR was lodged against the applicants and thereafter the parties sat together and has amicably settled their dispute which has been reduced in writing on 18.10.2024. He added that thereafter the applicants filed the instant application for direction to the trial Court to verify the compromise deed and in compliance of the order dated 23.10.2024, the verification was done and report has been
submitted to this Court vide order dated 21.11.2024. He submits that further criminal proceeding in the instant matter would amount to harassment and thus the instant criminal proceeding arising out of Case Crime No.85 of 2022 may be quashed. 8. Learned counsel for the opposite party no.2 have also supported the contention of the learned counsel for the applicants and submit that parties have amicable settled their dispute and the opposite party no. 2 has no grievance, hence, criminal proceedings against the applicants may be dropped. 9. Learned counsel for the State has no objection to the contention aforesaid. 10. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 18.10.2024 and said compromise has been verified on 21.11.2024 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal case relating to Case Crime No. 85 of
2022. 11.
In view of the above, as the applicants and opposite parties have entered into compromise on 18.10.2024 and no grievance remains to be agitated and as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgements of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677]; Manoj Sharma Vs. State and others ( 2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466. 12. Accordingly, criminal proceedings with regard to Special Trial No. 21 of 2020 pending before learned Special Judge SC/ST Act, Lucknow relating to Case Crime No. 375 of 2019 under Sections 147/308/504/506 of the IPC and 3(1)(dha) of the SC/ST Act, Police Station Aliganj, District Lucknow are hereby quashed. 13. The compromise shall be part of this order. 14. The application is allowed accordingly. 15. Consigned to record.
Order Date :- 21.8.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench