MOHD. RAHAN SHADAB AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
A482/7579/2025 · 2025-09-09
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163403 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163403 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7579 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the applicants, learned AGA for the State, as well as Shri Mohd. Kashif Rafi, Advocate who has put in appearance on behalf of opposite party nos. 2 and 3 and perused the record. The Vakalatnama is taken on record. 2. The instant application has been filed seeking quashing of the charge- sheet dated 16.09.2023, to quash the summoning order dated 12.07.2024 and to quash the consequential proceedings of Criminal Case No.26389/2024 (State Vs. Rehan & others), arising out of FIR No.0694/2022, under Sections 342, 352, 366, 420, 504 and 506 IPC lodged at Police Station Kotwali Nagar, District Gonda, pending in the Court of learned Chief Judicial Magistrate, Gonda 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-6 to the application. The parties have confirmed the terms of the compromise. The compromise has been verified between the parties by learned Chief Judicial Magistrate, Gonda vide order dated 13.08.2025 in compliance of the order dated 05.08.2025 passed by this Court in an Application U/s 482 No.6373/2025. 4. I have considered the submissions of learned counsel for the parties. Versus Counsel for Applicant(s) : Mohd.Areeb Siddiqui Counsel for Opposite Party(s) : G.A. Mohd. Rahan Shadab And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s)
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.
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 entire proceedings of Criminal Case No.26389/2024 (State Vs. Rehan & others), arising out of FIR No.0694/2022, under Sections 342, 352, 366, 420, 504 and 506 IPC lodged at Police Station Kotwali Nagar, District Gonda, pending in the Court of learned Chief Judicial Magistrate, Gonda, including the charge-sheet dated 16.09.2023 and the summoning order dated 12.07.2024, are hereby quashed. 7. The compromise deed shall be part of this order. 8. Consign to record. September 9, 2025 MVS/- A482 No. 7579 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench