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2025 DAILYLAW 160225 (ALL)

MASIULLAH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/7164/2025 · 2025-08-29

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7164 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, learned A.G.A. for the State, Sri Sumit Chauhan, learned counsel for the opposite party no.2 and perused the record. By means of the instant application, the applicant has prayed for quashing of the entire proceedings of Case No. 475 of 2011(State Vs Masiullah and Others), arising out of Case Crime No. 981 of 2009 filed under sections 323,504,506 of I.P.C. and section 3(1)10 of the SC/ST Act, Police Station-Pasghawa, District-Kheri. Learned counsel appearing for the applicant submits that due to some misunderstanding the instant FIR was lodged and thereafter the parties sat together and they have settled their dispute and that too has been reduced in writing as a compromise deed dated 26.05.2025. Adding his arguments, he submits that now the parties have put their all disputes at rest by way of executing compromise deed and thus further criminal proceedings against the present applicant would be a futile exercise and amount to harassment of the applicant. Adding his arguments, he also submits that this Hon'ble Court vide order dated 09.06.2025 has referred the matter for compromise verification in Application U/S 482 Cr.P.C. No. 4846 of 2025 and in Versus Counsel for Applicant(s) : Neeraj Kumar Rastogi, Neelima Jaiswal Counsel for Opposite Party(s) : G.A. Masiullah .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) compliance of the aforesaid order, both the parties have appeared before the court below and the compromise deed dated 26.05.2024 has been verified in presence of all concerned parties and the order of verification was passed on 30.06.2025 by the learned Additional District & Sessions Judge/Special Judge(S.C./S.T. Act), Lakhimpur Kheri. He next added that now the matter has been compromised between the parties, and as such the proceedings of Case No. 475 of 2011(State versus Masiullah and Others) arising out of Case Crime No. 981 of 2009, under sections 323, 504, 506 & 308 I.P.C and Section 3(1)10 of SC/ST Act, Police Station-Pasghawa, District-Kheri, may be quashed. On the other hand, learned counsel for the opposite party no.2 has also supported the version of the applicants and submits that the parties have entered into compromise deed and now there is no dispute in between the parties and thus the criminal proceeding against the applicant may be dropped. On the other hand, learned AGA appearing for the State has no objection to the contentions aforesaid. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 26.05.2025 and said compromise has been verified on 30.06.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned State versus Masiullah and Others, arising out of aforementioned Case Crime No. 981 of 2009. In view of the above, as the applicants and opposite parties have entered into compromise on 26.05.2025 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 A482 No. 7164 of 2025 2 others Vs. State of Punjab ( 2014) 6 SCC 466. Resultantly, the proceedings arising out of Case Crime No. 981 of 2009, under sections 323, 504, 506 & 308 I.P.C and Section 3(1)10 of SC/ST Act, Police Station-Pasghawa, District-Kheri, are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly. August 29, 2025 AKS A482 No. 7164 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench