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2025 DAILYLAW 181689 (ALL)

RAJ KISHOR AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO AND ANOTHER

A482/9317/2025 · 2025-11-04

Tej Pratap Tiwari

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9317 of 2025 Court No. - 29 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard learned counsel for the applicants, Sri Anoop Verma, Advocate who has filed his vakalatnama on behalf of opposite party no. 2 and the same is taken on record, learned counsel for the State and perused the records. 2. The present application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to set aside the charge-sheet bearing no. 1 dated 01.06.2024 as well as the summoning order dated 10.04.2025 filed in Criminal Case No. 894 of 2025 arising out of Case Crime No. 187 of 2024, under Sections 323, 504, 506 of IPC, P.S. Safdarganj, District Barabanki and also set aside the entire proceeding of the aforesaid Criminal Case pending before the Additional Chief Judicial Magistrate Court No. 19, Barabanki. 3. Learned counsel for the applicants states that an order was passed by a co-ordinate Bench of this Court on 09.10.2025, directing the applicants to file the compromise deed before the court concerned which was to be verified by the court concerned. In pursuance of the said order, the court concerned vide order dated 18.10.2025 verified the said compromise. Copy of the same is on record. The same is not disputed by learned counsel for the opposite party no.2. 4. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of Versus Counsel for Applicant(s) : Vinay Kumar Verma Counsel for Opposite Party(s) : G.A. Raj Kishor And 3 Others .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And Another .....Opposite Party(s) (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed. 5. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the entire proceedings as prayed for by the applicants. 6. The present application is allowed. 7. The charge-sheet and entire proceeding of the aforesaid case is hereby quashed. November 4, 2025 Anurag A482 No. 9317 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench