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2025 DAILYLAW 192847 (ALL)

MAQSOOD ALAM ALIAS GUDDU AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/12975/2025 · 2025-10-12

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 12975 of 2025 Court No. - 82 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard Sri M.A. Haq holding brief of Mr. Azizur Rehman Khan, learned counsel for the applicant and Mr. Zia Uddin Ahmad, learned counsel for the opposite party No.2. 2. In pursuance of the earlier order of this Court dated 28.08.2025, report of the Additional Chief Judicial Magistrate, Court No.6, Prayagraj is on the record along with all the relevant documents pertaining to the compromise after due verification, has also been annexed. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the entire criminal proceeding of Case No. 8 of 2022 (State vs. Maqsood Alam and others) arising out of Case Crime No. 366 of 2018, under Section 307 I.P.C., Police Station Kydganj District Allahabad (Prayagraj) pending in the Court of learned Additional Chief Judicial Magistrate, Room No.5. 4. Learned counsel for the applicants states that an order was passed by a co-ordinate Bench of this Court on 28.08.2025, 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 17.09.2025 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. 5. 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 (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 Versus Counsel for Applicant(s) : Shah Mohd Ubaidullah, Zia Uddin Ahmad Counsel for Opposite Party(s) : Azizur Rahman Khan, G.A. Maqsood Alam Alias Guddu And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 6. 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. 7. The present application is allowed. 8. The entire proceeding of the aforesaid case is hereby quashed. October 13, 2025 NSC NA528 No. 12975 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad