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2025 DAILYLAW 77018 (ALL)

GEETAM @ SUNIL v. State of UP AND ANOTHER

A482/26252/2024 · 2025-05-13

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79956 Court No. - 74 Case :- APPLICATION U/S 482 No. - 26252 of 2024 Applicant :- Geetam @ Sunil Opposite Party :- State of U.P. and Another Counsel for Applicant :- Keshav Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for parties. 2. The present application has been filed by applicant praying for quashing of chargesheet dated 17.08.2018 along with cognizance order dated 28.09.2018 as well as entire proceedings of S.T. No.685 of 2018 (State Vs Geetam @ Sunil), arising out of Case Crime No.472 of 2018, under Section 4/25 Arms Act, P.S. Fatehpur Sikri, District Agra, pending in the court of learned Additional Sessions Judge, Court No.XI, Agra. 3. Brief facts of the present case are that initially an FIR was lodged on dated 29.07.2018 against applicant by one Ghurelal bearing Case Crime No.471 of 2018 for the offence under Sections 452, 307, 324 IPC, P.S. Fatehpur Sikri, District Agra and in pursuance of the same, applicant was arrested on dated 30.07.2018 and on his pointing out, one knife and gloves were recovered by opposite party no.2 and in pursuance of the said recovery, another FIR bearing Case Crime No.472 of 2018, under Section 4/25 Arms Act was registered against applicant by opposite party no.2 wherein chargesheet was submitted on dated 17.08.2018 whereupon cognizance of offence was taken by learned court concerned on dated 28.09.2018 which impugned the present application. 4. Meanwhile, applicant and Ghurelal, who lodged Case Crime No.471 of 2018 for the offence under Sections 452, 307, 324 IPC, were entered into compromise which culminated into quashing of the entire proceedings of the said case vide order dated 22.03.2024 passed by Coordinate Bench of this Court in Application U/S 482 No.26677 of 2021, but proceeding of Case Crime No.472 of 2018, under Section 4/25 Arms Act which was lodged at the behest of opposite party no.2, is going on. 5. Learned counsel for applicant submitted that once the entire matter initiated in pursuance of Section 307 IPC, has already been compromised and entire proceedings related to that offence, has been set aside by this Court, there is hardly any occasion available before prosecution to proceed with Case Crime No.472 of 2018, under Section 4/25 Arms Act which was registered on the basis of Case Crime No.471 of 2018. 6. Per contra, learned counsel appearing on behalf of opposite parties vehemently opposed the prayer sought through the instant application but did not dispute the fact that the entire matter initiated in pursuance of Section 307 IPC, has already been compromised and entire proceedings related to that offence, has been set aside by this Court. 7. After having the rival contentions raised by learned counsel for parties, it appears that entire proceedings of main case bearing Case Crime No.471 of 2018, under Sections 452, 307, 324 IPC has already been set aside by this Court on the basis of compromise entered between applicant and informant and as such, implication of applicant in subsequent Case Crime No.472 of 2018, under Section 4/25 Arms Act instituted at the behest of State, will have no bearing and effect to proceed separately since, being a derivative of the main case, case of Arms Act has no independent basis after the main case is resolved. 8. In view thereof, chargesheet dated 17.08.2018 along with cognizance order dated 28.09.2018 as well as entire proceedings of S.T. No.685 of 2018 (State Vs Geetam @ Sunil), arising out of Case Crime No.472 of 2018, under Section 4/25 Arms Act, P.S. Fatehpur Sikri, District Agra, pending in the court of learned Additional Sessions Judge, Court No.XI, Agra, are hereby set aside. 9. Accordingly, the instant application is allowed. Order Date :- 14.5.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad