Neutral Citation No. - 2025:AHC:26132 Court No. - 76 Case :- APPLICATION U/S 482 No. - 27869 of 2024 Applicant :- Hemant Rautela And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard Shri Ankit Agarval, learned counsel for the applicants and Shri Sudhir Kumar Chandraul, learned A.G.A. for the State. 2. S.I. (Rtd.) Akhtar Khan, Inspector Pankaj Rai, Inspector Pratap Singh, S.I. Rahul Kumar Jawla, are present in person before this Court. 3. The instant application has been preferred for quashing the charge sheet dated 22.03.2019, the cognizance order dated 16.04.2019, and the entire proceedings of Criminal Case No. 5763 of 2019, titled State v. Hemant Rauhtela & Anr., arising out of Case Crime No.76 of 2019, under Sections 7/25/35 of the Arms Act, 1959, registered at P.S. Sector-58, District Gautam Buddha Nagar, pending before the learned Chief Judicial Magistrate, Gautam Buddha Nagar. 4. Learned counsel for the applicants submits that the registration of the FIR under Sections 7/25/35 of the Arms Act is legally impermissible. It is submitted that the pistol recovered, which is subject matter of present proceedings, pertains to the case property of the Case Crime No.0064 of 2019, under Section 394 IPC, registered at P.S. Sector-58, Gautam Buddh Nagar has already been quashed by the coordinate Bench of this Court in Application No. 41201 of 2023, vide order dated 07.11.2023. The learned counsel argues that the recovered pistol was the part of the case property of the original case and there was no legal requirement for the police to register a separate case under the Arms Act. The learned counsel for the applicants further submits that the quashing of the original FIR registered for the offence under Section 394 IPC eliminates the basis for any continuing prosecution under the Arms Act, and hence, the FIR, charge sheet, and subsequent proceedings arising out of Case Crime No. 76 of 2019 may be quashed. Therefore, the registration of Case Crime No. 76 of 2019 under the Arms Act is without any legal basis. 5. Furthermore, the learned counsel for the applicants submits that the applicants are law-abiding citizens, and they work in reputed multinational companies based in Noida. Learned counsel further submits that they are the victims of certain unintended circumstances-which were beyond the control of applicants- that led to the registration of the FIRs against them. 6. The learned A.G.A. representing the State opposes the application. He submits that the registration of the FIR under Sections 7/25/35 of the Arms Act is justified as the recovered weapon was independently involved in an offence under the Arms Act. He further contends that the FIR and subsequent charge sheet have been filed in accordance with the law, and there is no ground to quash the same. 7. The primary issue before this Court is whether the proceedings arising out of Case Crime No. 76 of 2019, under the Arms Act, can be maintained when the underlying case (Case Crime No. 0064 of 2019) involving the applicants has already been quashed by this Court. 8. The Hon'ble Supreme Court in the case of State of Haryana v. Bhajan Lal (1992) 1 SCC 335, has held that the power of the High Court under Section 482 Cr.P.C. can be exercised to quash proceedings if the criminal proceedings are an abuse of process of law or continuation of criminal proceedings are abuse of the process of Court, or where chances of conviction are rendered bleak. 9. In the present case, the charge sheet, arising out of FIR in Case Crime No. 0064 of 2019 has been quashed by this Court, on 07.11.2023, therefore, the registration of the impugned FIR raises serious doubts about the validity of the prosecution case under the Arms Act. If the core offence under Section 394 IPC, for which the weapon was allegedly recovered, has been quashed, then the continued prosecution under the Arms Act lacks any lawful basis. 10. Thus, no purpose would be served to allow the continuation of the criminal case arising out of Case Crime No. 76 of 2019, u/s 7/25/35 Arms Act, as it will be a futile exercise by the Court. 11. In view of the above discussion, the entire proceedings of Criminal Case No. 5763 of 2019, arising out of Case Crime No. 76 of 2019, under Sections 7/25/35 of the Arms Act, are hereby quashed and accordingly the application stands allowed. 12. Personal presence of S.I. Akhtar Khan S.I. (Rtd.), Inspector Pankaj Rai, Inspector Pratap Singh, S.I. Rahul Kumar Jawla are exempted. Order Date :- 24.2.2025/A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad