SADDAM HUSAIN @ SADIK AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NA528/1044/2025 · 2025-08-26
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159631 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159631 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1044 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Sri Rahul Dwivedi, Advocate has put in appearance by filing Vakalatnama on behalf of opposite party no.2 and the same is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State, Sri Virijendra Kumar Singh, learned counsel for the opposite party no.2 and perused the record. 3. By means of the instant application, the applicants have prayed to quash the impunged chargesheet No. 01/2024 dated 26.11.2024 relating to Criminal case no. 145/2025, case crime no. 248/2024 under section 85, 115(2),351(3), 352 Β.N.S & 3/4D.P. Act P.S. Hanswar District Ambedkar Nagar & Summoning order dated 27.01.25 as well as the further proceedings of the case which is pending in the court of Civil Judge (S.D) Fast Track/A.C.J.M. Ambedkar Nagar, on the basis of compromise deed executed between the parties. 4. 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 05.05.2025. He added that thereafter the applicants filed an application for direction to the trial Court to verify the compromise deed and in compliance of the Versus Counsel for Applicant(s) : Suyash Dwivedi Counsel for Opposite Party(s) : G.A. Saddam Husain @ Sadik And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
order dated 15.05.2025, the verification was done and report has been submitted to this Court vide order dated 26.05.2025. 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.375 of 2019 may be quashed. 5. Learned counsel for the opposite party no.2 has also supported the contention of the learned counsel for the applicants and submits 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. 6. Learned counsel for the State has no objection to the contention aforesaid. 7.
Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 05.05.2025 and said compromise has been verified on 26.05.2025 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. 248 of 2024. 8. In view of the above, as the applicants and opposite parties have entered into compromise on 05.05.2025 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. 9. Accordingly, criminal proceedings with regard to Criminal case no. 145/2025, case crime no. 248/2024 under sections 85, 115(2),351(3), 352 Β.N.S & 3/4 D.P. Act P.S. Hanswar District Ambedkar Nagar, impugned chargesheet No. 01/2024 dated 26.11.2024 & Summoning order dated 27.01.25 are hereby quashed. 10. The compromise deed shall be part of this order. NA528 No. 1044 of 2025 2
11. The application is allowed accordingly. 12. Consigned to record. August 26, 2025 Mayank NA528 No. 1044 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench