HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33891 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Shiv Sharan Tripathi, learned counsel for applicant and learned A.G.A. for State. 2. This application has been preferred for quashing the charge-sheet no.265 of 2024 dated 14.09.2024 along with cognizance and summoning orders dated 08.11.2024 & 21.11.2024 respectively and the entire proceedings of Case No.956 of 2024 (State Vs. Atul and Others), arising out of Case Crime No.373 of 2023, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Patiali, District- Kasganj, pending in the Court of learned Additional District and Session Judge/Fast Track Court No.1/Special Judge (Gangster Act), Kasganj. 3. Learned counsel for the applicant submitted that the proceeding under the Gangster Act has been initiated against applicant on the basis of solitary case bearing Case Crime No.182 of 2021, under sections 147, 148, 149, 307, 506, 120B I.P.C., Police Station- Patiali, District-Kasganj. In the said case, charge-sheet was submitted on 27.08.2022 and cognizance has also been taken by the competent court on 27.08.2022. The entire proceeding was subjected to challenge in Application under Section 528 BNSS No.26514 of 2025 before this Court, wherein vide order dated 26.08.2025, on the basis of compromise, entire proceedings of Case Crime No.182 of 2021 has already been quashed and as such no cause of action survives before prosecution to initiate proceedings under sections 2/3 of Gangster Act against the applicant. Learned counsel for applicant further submitted that once in the base case, Versus Counsel for Applicant(s) : Shiv Sharan Tripathi Counsel for Opposite Party(s) : G.A. Atul .....Applicant(s) State of U.P. and Another .....Opposite Party(s) proceeding has already been quashed, the instant proceeding under the Gangster Act cannot be drawn. In support of his submission, learned counsel for applicant 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 Case Crime No.182 of 2021, was set aside on the basis of compromise and not on merit 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 case 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 no.265 of 2024 dated 14.09.2024 along with cognizance and summoning orders dated 08.11.2024 & 21.11.2024 respectively and the entire proceedings of Case No.956 of 2024 (State Vs. Atul and Others), arising out of Case Crime No.373 of 2023, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Patiali, District- Kasganj, pending in the Court of learned Additional District and Session Judge/Fast Track Court No.1/Special Judge (Gangster Act), NA528 No. 33891 of 2025 2 Kasganj, are hereby quashed only in pursuance of applicant herein. 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 applicant. September 8, 2025 Shaswat NA528 No. 33891 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad