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2025 DAILYLAW 168108 (ALL)

MOHD. SHOIB ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/8451/2025 · 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. - 8451 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Ms. Kahkashan Zaidi, Advocate has put in appearance and filed Vakalatnama on behalf of opposite party no. 2, which is taken on record. Heard learned counsel for the applicant, Ms. Kahkashan Zaidi, learned counsel appearing for opposite party no. 2 and learned AGA for the State as well as perused the material placed on record. By means of the instant application, the applicant has prayed for quashing of the chargesheet No.01 of 2016, dated 28.09.2016 filed in FIR No.181 of 2016, under Sections 507/384 IPC and Section 67 of IT Act, Police Station Bazar Khala, District Lucknow; styled State Vs. Mohd. Shoib Ali, pending in the court of Special Chief Judicial Magistrate (Custom), Lucknow, on the basis of compromise dated 08.07.2025. Learned counsel for the applicant submits that due to certain misunderstanding, the instant FIR was lodged against the applicant. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing. Thereafter, the applicant filed an Application U/s 482 No.7359 of 2025, wherein this Court vide order dated 02.09.2025 had directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 16.09.2025. 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 against the applicant may be quashed. Learned counsel appearing for opposite party no. 2 has also supported the Versus Counsel for Applicant(s) : Arshad Jameel, Azmi Yousuf, Mohammad Naseem Counsel for Opposite Party(s) : G.A. Mohd. Shoib Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) version of the learned counsel for the applicant and submits that parties have amicably settled their dispute and the opposite party no. 2 has no grievance, hence, criminal proceedings against the applicant may be dropped. Learned counsel for the State has no objection to the submissions aforesaid. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 08.07.2025 and said compromise has been verified on 16.09.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings against the applicant. In view of the above, as the applicant and opposite party no. 2 have entered into compromise on 18.07.2025 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. Resultantly, the proceedings of FIR No.181 of 2016, under Sections 507/384 IPC and Section 67 of IT Act, Police Station Bazar Khala, District Lucknow, are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly. September 26, 2025 kkv/ A482 No. 8451 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench