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2025 DAILYLAW 167466 (ALL)

MOHD. MOHASIN AND 4 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

A482/8308/2025 · 2025-09-25

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8308 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Vakalatnama filed by Shri Mohammad Makkee, Advocate on behalf of the opposite party no.2 is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State, Shri Mohammad Makkee, learned counsel for the opposite party no.2 and perused the record. 3. By means of the instant application, the applicants have prayed for quashing of the entire criminal proceedings of Criminal Case No.32818 of 2018, arising out of Case Crime No.579 of 2016, under Sections- 147, 323, 506, 427 IPC, Police Station Aashiyana, District- Lucknow pending before Special Additional Chief Judicial Magistrate, CBI (AP), Lucknow on the basis of compromise executed between the parties on 04.08.2025 4. Learned counsel for the applicants submits that due to certain misunderstanding, the instant F.I.R. was lodged against the applicants. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 04.08.2025. Thereafter, the applicants filed an Application U/S 482 No.6972 of 2025, wherein this Court has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 04.09.2025. He submits that now there is no dispute in between the parties and they have settled their dispute. He submits that further criminal proceedings in the instant matter would amount to harassment and, thus, the instant criminal proceedings arising out of Case Crime Crime No.579 of 2016 may be quashed. 5. Learned counsel for the opposite party no.2 has also supported the version of the learned counsel for the applicants and submits that parties have amicably settled their dispute and the opposite party no.2 has no grievance, hence, criminal proceedings against the applicants may be dropped. Versus Counsel for Applicant(s) : Pradeep Kumar Sen Counsel for Opposite Party(s) : G.A. Mohd. Mohasin And 4 Others .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Deptt. Home Lko. And Another .....Opposite Party(s) 6. Learned counsel for the State has no objection to the submissions 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 04.08.2025 and said compromise has been verified on 04.09.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings relating to Case Crime No.579 of 2016. 8. In view of the above, as the applicants and opposite parties have entered into compromise on 04.08.2025 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 Judgments 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, entire criminal proceedings of Criminal Case No.32818 of 2018, arising out of Case Crime No.579 of 2016, under Sections- 147, 323, 506, 427 IPC, Police Station Aashiyana, District- Lucknow are hereby quashed. 10. The compromise shall be part of this order. 11. The application is allowed accordingly. 12. Consigned to records. September 25, 2025 Haseen U. A482 No. 8308 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench