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2025 DAILYLAW 91085 (ALL)

ISTIYAQ AHMAD v. State of U.P. AND ANOTHER

A482/29131/2024 · 2025-09-17

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 29131 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Supplementary affidavit filed by the learned counsel for the applicant is taken on record. 2. Heard Mr. Rajiv Chowdhury, learned counsel for the applicant and Mr. Avinash Tiwari, learned counsel for the opposite party no. 2 and Sri S.D. Shukla, learned AGA for the State respondents. 3. This application under Section 482 CrPC has been preferred for quashing the entire proceeding of Criminal Case No. 691 of 2023 (State vs. Istiyaq Ahmad) pending before the court of Judicial Magistrate, Baheri, Bareilly and also quash the chragesheet dated 10.8.2013 submitted in Case Crime No. 438 of 2013 under Sections 406, 420, 323, 504, 506 IPC, P.S. Devraniya, District Bareilly as well as cognizance/summoning order dated 4.9.2013 passed by the Judicial Magistrate, Baheri, Bareilly in the present case on the basis of compromise. 3. It is contended by the learned counsel for the applicant that the applicant and the opposite party no. 2 have entered into compromise and the same has been verified by the learned Court concerned and a report regarding the same has been filed along with supplementary affidavit which is on the record. It is also submitted that in view of the compromise arrived at between the applicant and opposite party no. 2, proceedings of the aforesaid case be quashed against the applicant. Versus Counsel for Applicant(s) : Rajiv Chowdhury Counsel for Opposite Party(s) : Avinash Tiwari, G.A. Istiyaq Ahmad .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. On the other hand, learned counsel for the opposite party no. 2 and learned AGA for the State have no objection to the above submissions made by the learned counsel for the applicant. 5. In view of the fact that the applicant and opposite party no. 2 have entered into compromise and the said compromise has been verified by the learned Court concerned and a report regarding verification of compromise is already on record and keeping in view 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 applicant. It was stated that in view of these facts and circumstances, no useful purpose would be served by keeping the impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties. 6. In view of the aforesaid, the entire proceeding of Criminal Case No. 691 of 2023 (State vs. Istiyaq Ahmad) pending before the court of Judicial Magistrate, Baheri, Bareilly and the chragesheet dated 10.8.2013 submitted in Case Crime No. 438 of 2013 under Sections 406, 420, 323, 504, 506 IPC, P.S. Devraniya, District Bareilly as well as cognizance/summoning order dated 4.9.2013 passed by the Judicial Magistrate, Baheri, Bareilly are hereby quashed. 7. The application under Section 482 Cr.P.C. stands allowed. September 18, 2025 Abhishek A482 No. 29131 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad