Neutral Citation No. - 2025:AHC:77139 Court No. - 74 Case :- APPLICATION U/S 482 No. - 16153 of 2024 Applicant :- Mantesh Kumar Gupta @ Mantesh Varshney @ Mantesh Gupta@ Mantesh Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Dubey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned A.G.A. on behalf of the State. 2. This application has been preferred for quashing the charge- sheet dated 05.03.2019 along with cognizance/summoning order dated 03.09.2019 passed by learned Fifth Additional District and Session Judge/Gangster Act, Budaun in Special Case No.77 of 2019 (State Vs. Rahul Gupta and others), arising out of Case Crime No.535 of 2018, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Civil Lines, District- Budaun as well as to quash the entire proceedings of the said case, pending before learned court of Additional District Judge, Court No.9, Budaun. 3. Learned counsel for the applicant submitted that the proceeding under the Gangster Act has been initiated against applicants on the basis of solitary case bearing Case Crime No.410 of 2018, under Sections 407, 411 I.P.C., Police Station- Civil Lines, District- Budaun. In the said case, charge-sheet was submitted on 31.07.2018 and cognizance has also been taken by the competent court on 16.08.2018. The entire proceeding was subjected to challenge in Application under Section 482 Cr.P.C. No.41785 of 2018 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 26.02.2024, Coordinate Bench of this Court quashed the entire proceeding of Case No.6339 of 2018 arising out of Case Crime No.410 of 2018. Learned counsel for applicant 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 applicant 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 application and submitted that the proceeding in pursuance to Case Crime No.410 of 2018, 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, charge-sheet dated 05.03.2019 along with cognizance/summoning order dated 03.09.2019 passed by learned Fifth Additional District and Session Judge/Gangster Act, Budaun in Special Case No.77 of 2019 (State Vs. Rahul Gupta and others), arising out of Case Crime No.535 of 2018, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Civil Lines, District- Budaun as well as entire proceedings of the said case, are hereby quashed only in pursuance of applicant 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 applicant. Order Date :- 9.5.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad