Neutral Citation No. - 2025:AHC:51732 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11278 of 2025 Applicant :- Ramgopal Singh And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akshat Jain Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Akshat Jain, learned counsel for applicants and Sri Shashi Dhar Pandey, learned A.G.A. on behalf of the State. 2. This application has been preferred for quashing the Chargesheet No.135/2013 dated 30.11.2013 along with cognizance and summoning order dated 20.01.2015 passed in Special Trial No.05 of 2015 (State Vs. Ram Gopal Singh and others), arising out of Case Crime No.63 of 2012, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station Chowk, District Varanasi as well as entire proceedings of the said case, pending in the Court of learned Additional Sessions Judge, Court No.XIII, Varanasi. 3. Learned counsel for the applicants submitted that the proceeding under the Gangster Act has been initiated against applicants on the basis of solitary case bearing Case Crime No.62 of 2012, under Section 413, 386, 504, 506 I.P.C., Police Station Chowk, District Varanasi. In the said case, chargesheet was submitted on 22.06.2012 and cognizance has also been taken by the competent court on 21.07.2022. The entire proceeding was subjected to challenge in Application under Section 482 Cr.P.C. No. 30509 of 2024 before Coordinate Bench of this Court wherein it was stated that parties have entered into compromise which has also been verified whereupon vide judgement and order dated 18.11.2024, Coordinate Bench of this Court quashed the entire proceeding of Case No.367 of 2012 (State Vs. Javed and others), arising out of Case Crime No.62 of 2012. Learned counsel for applicants further submitted that once in the base case, proceeding has already been quashed, the instant proceeding under the Gangster Act cannot be drawn. In support of his submission, learned counsel for applicants has placed reliance on the judgement passed by the Apex Court in Farhana vs. State of Uttar Pradesh and others [2024 0 INSC 118] and stated that once the base case is already quashed, the impugned proceeding cannot go on under the Gangster Act and the entire process is unsustainable and liable to be set aside. 4. Per contra, learned A.G.A. vehemently opposed the prayer sought through the instant applicant and submitted that the proceeding in pursuance of Case Crime No.62 of 2012, was set aside on the basis of compromise and on merits and as such, the proceedings of the FIR under the Gangsters Act cannot be quashed. In support of his submissions, learned AGA relied upon the judgment passed by Coordinate Bench of this Court in Paras Chaudhary Vs. State of U.P. and another [Appl. U/S 482 No.11117 of 2024, decided on 03.05.2024]. 5. After having the rival contentions raised by learned counsel for parties, it is crystal clear that base case depicted in the gang chart has already been quashed and once the proceedings of the base cases depicted in the gang chart are quashed or the accused has been acquitted, the proceedings under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act are liable to be quashed [Ref: Farhana (supra) rendered by Hon'ble the Apex Court, Salim @ Piyaoo Vs. State of U.P. rendered by this Court in Criminal Revision No. 2541 of 2011, Jai Prakash and others Vs. State of U.P. rendered by this Court in Criminal Revision No. 3309 of 2008 and Sartaj Vs. State of U.P. rendered by this Court in Appl. U/S 482 No.11645 of 2007]. 6. In wake of the preceding discussion, since the base case has been quashed, Chargesheet No.135/2013 dated 30.11.2013 along with cognizance and summoning order dated 20.01.2015 passed in Special Trial No.05 of 2015 (State Vs. Ram Gopal Singh and others), arising out of Case Crime No.63 of 2012, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station Chowk, District Varanasi as well as entire proceedings of the said case, are hereby quashed only in pursuance of applicants herein. 7. The present application is, accordingly, allowed. 8. However, it is made clear that this order shall not preclude the authorities concerned to initiate fresh proceedings in pursuance of any other case against the applicants. Order Date :- 8.4.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad