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2025 DAILYLAW 78630 (ALL)

IRFAN AND 3 OTHERS v. STATE OF U.P. AND 4 OTHERS

A482/23830/2024 · 2025-08-21

Yogesh Dubey Joint Registrar Judicial

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Judgment text

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Neutral Citation No. - 2025:AHC:145331 Court No. - 89 Case :- APPLICATION U/S 482 No. - 23830 of 2024 Applicant :- Irfan And 3 Others Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Ashima Goel,Manu Srivastava Counsel for Opposite Party :- G.A.,Vivek Kumar Srivastava Hon'ble Jitendra Kumar Sinha,J. 1. The case is taken up on mentioning. 2. Heard Sri Abhishek Tandon, Advocate, holding brief of Sri Manu Srivastava, learned counsel for the applicants, Sri Vivek Kumar Srivastava, learned counsel for opposite party nos.2 and 3 and Sri B. P. Singh, learned AGA for the State-opposite party no.1. 3. This application u/s 482 Cr.P.C. has been preferred with prayer to quash the entire proceeding of Case No.1326/9 of 2011(State Vs. Tahir and others), under Sections 323, 324, 308, 452, 504, 506, IPC as well as charge sheet dated 10.04.2011 alongwith cognizance/summoning order dated 02.05.2011 as well as summoning order dated 30.10.2017, arising out of Case Crime No.08 of 2011, Police Station Hastinapur, District Meerut, pending in the court of Additional District and Session Judge, Court No.4, Meerut as well as Additional District Judge, Court No.5, Meerut, in S.T. No.1368 of 2013 (State Vs. Tahir and others), on the basis of compromise dated 18.09.2023, filed before the Additional District and Sessions Judge, Court No.4, Meerut. 4. It is contended by learned counsel for the applicants that applicants and opposite party nos.2 and 3 have entered into compromise and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise sent by the court concerned is already on the record. It is further contended by learned counsel for the applicant that opposite party no.5, P.W.-1, Insaaf (injured) and opposite party no.4, P.W.-2, Azad @ Azaz(injured) have turned hostile before the trial court and the certified copy of the statements of P.W.-1 and P.W.-2 are on record, as annexure no.7 to the memo of the application. Learned counsel for the applicants further prays that in view of the compromise entered into between the applicants and opposite party nos.2 and 3, the proceeding of the aforesaid case be quashed. 5. On the other hand, learned counsel for the opposite party nos.2 and 3 and learned AGA for the State have no objection to the above submissions made by learned counsel for the applicants. 6. In view of the fact that the applicant that opposite party no.5, P.W.-1, Insaaf (injured) and opposite party no.4, P.W.-2, Azad @ Azaz(injured) have turned hostile before the trial court and not supported the case of prosecution before the trial court and also the fact that applicants and opposite party nos.2 and 3 have entered into compromise and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise sent by the court concerned is already on the record and taking note of the law laid down by Hon'ble Supreme Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed, in respect of the applicants. 7. In view of the aforesaid, the entire proceeding of Case No.1326/9 of 2011(State Vs. Tahir and others), under Sections 323, 324, 308, 452, 504, 506, IPC as well as charge sheet dated 10.04.2011 alongwith cognizance/summoning order dated 02.05.2011 as well as summoning order dated 30.10.2017, arising out of Case Crime No.08 of 2011, Police Station Hastinapur, District Meerut, pending in the court of Additional District and Session Judge, Court No.4, Meerut as well as Additional District Judge, Court No.5, Meerut, in S.T. No.1368 of 2013 (State Vs. Tahir and others), are hereby quashed. 8. The application u/s 482 Cr.P.C. is hereby allowed. Order Date :- 22.8.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad