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2025 DAILYLAW 165953 (ALL)

TAUHEED @ TAUHEED ALAM AND ANOTHER v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/8390/2025 · 2025-09-26

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8390 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Mr. Shri Ram Maurya, Advocate has put in appearance by filing Vakalatnama on behalf of the opposite party no.2 and the same is taken on record. Heard learned counsel for the applicants, learned A.G.A. for the State, Mr. Shri Ram Maurya, learned counsel for the opposite party no.2 and perused the record. By means of the instant application, the applicants have prayed for quashing of the Charge-sheet dated 04.12.2021 numbering 01 filed against the petitioners, arising out of Case crime No. 410/2021 Under Section 323/324/504/506/308 of IPC, Police Station Bangarmau, District Unnao, bearing titled "State Vs. Tauheed Alam & another" pending before the ADJ Court No. 9 Unnao, in ST No. 553/2025, which is annexed as Annexure no. 1. Learned counsel appearing for the applicants submits that due to some misunderstanding the instant FIR was lodged and thereafter the parties were sit together and they have settled their dispute and that too has been reduced in writing as a compromise deed dated 30.07.2025. 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 applicants would be a futile exercise and amount to harassment of the applicants. Adding his arguments, he also submits that this Hon'ble Court vide order dated 13.08.2025 has referred the matter for compromise Versus Counsel for Applicant(s) : Sagar Singh, Gaurav Joshi Counsel for Opposite Party(s) : G.A., Shri Ram Maurya Tauheed @ Tauheed Alam And Another .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) verification in Application U/S 482 Cr.P.C. No. 6447 of 2025 and in compliance of the aforesaid order, both the parties have appeared before the court below and the compromise deed dated 30.07.2025 has been verified in presence of all concerned parties and the order of verification was passed on 01.09.2025 by the learned Additional District Judge, Court No. 9, Unnao. He next added that now the matter has been compromised between the parties, and as such the proceedings of S.T.No. 553 of 2025 , arising out of Case Crime No.410 of 2021, under sections 323/324/504/506/308 of IPC, Police Station Bangarmau, District Unnao 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 30.07.2025 and said compromise has been verified on 01.09.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned "State versus Tauheed Alam and another", arising out of aforementioned Case Crime No. 410 of 2021. In view of the above, as the applicants and opposite parties have entered into compromise on 18.12.2021 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. Resultantly, criminal proceedings arising of Case Crime No.410 of 2021, under sections 323/324/504/506/308 of IPC, Police Station Bangarmau, District Unnao,are hereby quashed. The compromise deed shall be part of this order. A482 No. 8390 of 2025 2 Consequences to be followed. The application is allowed accordingly. September 26, 2025 AKS A482 No. 8390 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