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2025 DAILYLAW 195397 (ALL)

MOHD. RAFIK v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS

A482/9592/2025 · 2025-11-14

Tej Pratap Tiwari

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9592 of 2025 Court No. - 34 HON'BLE TEJ PRATAP TIWARI, J. 1. Sri Ajay Madhavan, Advocate has filed his vakalatnama on behalf of opposite party no. 3 which is taken on record. 2. Heard Sri Utkarsh Yadav, learned counsel for the applicant, Sri Ajay Madhavan, learned counsel for the opposite party no. 3, learned counsel for the State and perused the records. 3. The instant application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the entire proceedings arising out Session Trial No. 33 of 2010, Case Crime No. 808 of 2009, under Sections 308, 504 I.P.C., Police Station Lambhua, District Sultanpur, pending in the Court of Additional Sessions Judge, Court No. 1, Sultanpur. 4. Learned counsel for the applicant states that an order was passed by a co-ordinate Bench of this Court on 10.10.2025, directing the applicant 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 24.10.2025 verified the said compromise. Copy of the same is annexed as Annexure no. 4 to the instant application. The same is not disputed by learned counsel for the opposite party no.3. 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 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 Versus Counsel for Applicant(s) : Utkarsh Yadav Counsel for Opposite Party(s) : G.A., Ajay Madhavan Mohd. Rafik .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others .....Opposite Party(s) 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 proceedings of the aforesaid case are hereby quashed. November 14, 2025 Manoj A482 No. 9592 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad, Lucknow Bench