Irshad Khan and 8 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Irshad Khan and 8 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire proceeding of Case No. 6162 of 2019 (State vs. Irshad Khan and others) arising out of Case Crime No. 0038 of 2019 pending before the Chief Judicial Magistrate, Bareilly, and of the summoning/cognizance order dated 14.11.2019 passed by the ACJM, Court o. 8 Bareilly, effected on the basis of the compromise dated 11.3.2024 between the applicants and opposite party no. 2; application allowed

Issue for consideration

Whether the entire proceeding of Case No. 6162 of 2019 (State vs. Irshad Khan and others) arising out of Case Crime No. 0038 of 2019, pending before the CJM, Bareilly, along with the summoning/cognizance order dated 14.11.2019, should be quashed on the basis of the compromise arrived at between the applicants and opposite party no. 2.

Court's answer

Since the applicants and opposite party no. 2 have entered into a compromise that has been verified by the learned Court concerned with its report on record, and keeping in view the law laid down by the Supreme Court in 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.

Ratio / Principle

The entire proceeding of Case No. 6162 of 2019 (State vs. Irshad Khan and others) arising out of Case Crime No. 0038 of 2019 under Sections 147, 148, 452, 323, 325, 308 IPC, P.S. Bithari Chainpur, District Bareilly, pending in the Court of Chief Judicial Magistrate, Bareilly, as well as the summoning/cognizance order dated 14.11.2019 passed by the ACJM, Court o. 8 Bareilly, are quashed on the basis of the compromise dated 11.3.2024 between the parties.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 89), bench of Hon'ble Jitendra Kumar Sinha, Judge (single judge, judgment dated September 23, 2025): Application U/S 482 No. 13596 of 2024 filed by Irshad Khan and 8 others, counsel Sanjay Kumar Tripathi; State of U.P. and Another as opposite parties, counsel G.A. and AGA Sri B.P. Maurya, allowed. The application sought quashing of the entire proceeding of Case No. 6162 of 2019 (State vs. Irshad Khan and others), arising out of Case Crime No. 0038 of 2019 under Sections 147, 148, 452, 323, 325, 308 IPC, P.S. Bithari Chainpur, District Bareilly, pending before the Chief Judicial Magistrate, Bareilly, together with the summoning/cognizance order dated 14.11.2019 passed by the ACJM, Court o. 8 Bareilly. Counsel submitted that the applicants and opposite party no. 2 had entered into a compromise dated 11.3.2024, verified by the learned Court concerned with its report on record; learned AGA had no objection. Keeping in view the law laid down by the Supreme Court in State of Madhya Pradesh vs. Laxmi Narayan and others, AIR 2019 SC 1296, and finding it in the interest of justice, the High Court quashed the entire proceeding and the cognizance/summoning order on the basis of the compromise; the application under Section 482 Cr.P.C. stands allowed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 13596 of 2024

Irshad Khan And 8 Others

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) :	Sanjay Kumar Tripathi
Counsel for Opposite Party(s) :	G.A.

Court No. - 89

HON'BLE JITENDRA KUMAR SINHA, J.

This has been taken up on mentioning.

Heard Mr. Sanjay Kumar Tripathi, learned counsel for the applicants and Sri B.P. Maurya, learned AGA for the State respondents.

This application under Section 482 CrPC has been preferred for quashing the entire proceeding of Case No. 6162 of 2019 (State vs. Irshad Khan and others) arising out of Case Crime No. 0038 of 2019 under Sections 147, 148, 452, 323, 325, 308 IPC, P.S. Bithari Chainpur, District Bareilly pending in the Court of Chief Judicial Magistrate, Bareilly as well as summoning/cognizance order dated 14.11.2019 passed by the ACJM, Court o. 8 Bareilly on the basis of compromise dated 11.3.2024.

It is contended by the learned counsel for the applicants that the applicants 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 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 applicants.

On the other hand, learned AGA for the State has no objection to the above submissions made by the learned counsel for the applicants.

In view of the fact that the applicants and opposite party no. 2 have entered into compromise and the said compromise has been verified by

A482 No. 13596 of 2024

2

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.

In view of the aforesaid, the entire proceeding of Case No. 6162 of 2019 (State vs. Irshad Khan and others) arising out of Case Crime No. 0038 of 2019 under Sections 147, 148, 452, 323, 325, 308 IPC, P.S. Bithari Chainpur, District Bareilly pending in the Court of Chief Judicial Magistrate, Bareilly as well as summoning/cognizance order dated 14.11.2019 passed by the ACJM, Court o. 8 Bareilly on the basis of compromise dated 11.3.2024 are hereby quashed.

The application under Section 482 Cr.P.C. stands allowed .

(Jitendra Kumar Sinha,J.)

September 23, 2025 Abhishek

Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad