Neutral Citation No. - 2025:AHC:111603 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 21191 of 2025 Applicant :- Imran And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Santosh Kumar Singh, learned counsel for applicants and learned A.G.A. on behalf of the State. 2. This application has been preferred for quashing the charge- sheet dated 08.05.2024 as well as the cognizance and summoning order dated 08.11.2024 in Session Case no. 614 of 2024 (State vs. Imran and others) being Case Crime no. 72 of 2024, under Section 3(1) Gangster Act, PS- Naugawan, Sadat, District- Amroha which is pending in court of Additional Session Judge/ F.T.C. IInd Amroha. 3. Learned counsel for the applicants submitted that the proceeding under the Gangster Act has been initiated against applicants on the basis of two cases bearing Case Crime no. 635 of 2023 under sections 379, 411 IPC Police Station Naugawan Sadat, District Amroha and Case Crime No.636 of 2023, under Sections 379, 411 IPC, Police Station Naugawan Sadat, District Amroha and in both the case crime numbers applicants have already been acquitted on the basis of compromise between the parties, vide order dated 14.05.2024 and 21.05.2024 passed by learned trial court. Copy of said order is annexed as Annexure no. 6 to this affidavit. Learned counsel for applicants further submitted that once in the base case, proceeding has already been quashed/acquitted, 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 aforesaid Case Crime nos. 635 of 2023 and 636 of 2023, 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 08.05.2024 as well as the cognizance and summoning order dated 08.11.2024 in Session Case no. 614 of 2024 (State vs. Imran and others) being Case Crime no. 72 of 2024, under Section 3(1) Gangster Act, PS- Naugawan, Sadat, District- Amroha as well as entire proceedings of the said case, are hereby quashed only in pursuance of applicants namely Imran, Shadab and Rashid. 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 :- 10.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad