Akharuzzama and Another vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

Akharuzzama and Another vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire proceeding of Sessions Trial No.01 of 2011 (State vs. Shamsuddin and others), arising out of Case Crime No.198 of 2005, pending before Additional District Judge-10, Gorakhpur, in respect of the applicants; the application u/s 482 Cr.P.C. allowed.

Issue for consideration

Whether the entire proceeding of Sessions Trial No.01 of 2011 (State vs. Shamsuddin and others), arising out of Case Crime No.198 of 2005, under sections 147, 148, 149, 452, 323, 324, 325, 308, 504, 506 IPC, pending before Additional District Judge-10, Gorakhpur, can be quashed on the basis of the compromise entered into between the applicants and opposite party nos.2 to 5.

Ratio / Principle

Since the applicants and opposite party nos.2 to 5 have entered into a compromise which has been verified by the learned court concerned with the verification report on record, and taking note of the law laid down by the Hon'ble 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.

Key takeaways

Accordingly, the entire proceeding of Sessions Trial No.01 of 2011 (State vs. Shamsuddin and others), arising out of Case Crime No.198 of 2005, pending in the court of Additional District Judge-10, Gorakhpur, is hereby quashed.ratio¶13

Detailed headnote1 paragraphs

Quashing of criminal proceedings on the basis of a verified compromise — Sessions Trial No.01 of 2011 (State v. Shamsuddin and others). Applicants Akharuzzama and another filed Application U/s 482 No.- 14236 of 2024 praying for quashing of the entire proceeding of Sessions Trial No.01 of 2011, arising out of Case Crime No.198 of 2005, under sections 147, 148, 149, 452, 323, 324, 325, 308, 504, 506 IPC, Police Station Rajghat, District Gorakhpur, pending before Additional District Judge-10, Gorakhpur. Learned counsel submitted that the applicants and opposite party nos.2 to 5 had entered into a compromise, already verified by the court concerned with the verification report on record, and that the proceeding of the cross case had already been quashed by this Court on the basis of compromise vide order dated 10.04.2025 passed in Application U/s 482 No.14321 of 2024; learned counsel for opposite party nos.2 to 5 and the learned AGA had no objection. Taking note of the law laid down by the Hon'ble Supreme Court in State of Madhya Pradesh vs. Laxmi Narayan and others, AIR 2019 SC 1296, and the facts of the matter, the Court held that quashing of the impugned proceedings in respect of the applicants would be in the interest of justice, and accordingly quashed the entire proceeding of Sessions Trial No.01 of 2011 and allowed the application. Bench: Hon'ble Jitendra Kumar Sinha, J.; Order date: 18.8.2025.

Neutral Citation No. - 2025:AHC:141001

Court No. - 89

Case :- APPLICATION U/S 482 No. - 14236 of 2024 Applicant :- Akharuzzama And Another Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- Akhilesh Kumar Tripathi,G.A.

Hon'ble Jitendra Kumar Sinha,J.

The case is taken up on mentioning.

Heard Sri Deepak Kumar Tripathi, learned counsel for the applicants, Sri Akhilesh Kumar Tripathi, learned counsel for opposite party nos.2 to 5 and Sri Shiv Dutt Shukla, learned AGA for the State-opposite party no.1.

This application u/s 482 Cr.P.C. has been preferred with prayer to quash the entire proceeding of Sessions Trial No.01 of 2011(State Vs. Shamsuddin and others), arising out of Case Crime No.198 of 2005, under sections 147, 148, 149, 452, 323, 324, 325, 308, 504, 506, IPC, Police Station Rajghat, District Gorakhpur, pending in the court of Additional District Judge-10, Gorakhpur, on the basis of compromise.

It is contended by learned counsel for the applicants that applicants and opposite party nos.2 to 5 have entered into compromise and the said compromise has already been verified by the learned court concerned and the report regarding verification of compromise sent by the learned court concerned is also on record. He further submits that the proceeding of the cross case has already been quashed by this Court on the basis of compromise vide order dated 10.04.2025, passed in Application U/s 482 No.14321 of 2024. Learned counsel for the applicants further

prays that in view of the compromise entered into between the applicants and opposite party nos.2 to 5, the proceeding of the aforesaid case be quashed.

On the other hand, learned counsel for the opposite party nos.2 to 5 and learned AGA for the State have no objection to the above submissions made by learned counsel for the applicants.

The proceeding of the cross case has already been quashed by this Court on the basis of compromise vide order dated 10.04.2025, passed in Application U/s 482 No.14321 of 2024.

In view of the fact that applicants and opposite party nos.2 to 5 have entered into compromised and said compromise has already been verified by the learned court concerned and the report regarding verification of compromise is also on 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.

In view of the aforesaid, the entire proceeding of Sessions Trial No.01 of 2011(State Vs. Shamsuddin and others), arising out of Case Crime No.198 of 2005, under sections 147, 148, 149, 452, 323, 324, 325, 308, 504, 506, IPC, Police Station Rajghat, District Gorakhpur, pending in the court of Additional District Judge-10, Gorakhpur, are hereby quashed.

The application u/s 482 Cr.P.C. is hereby allowed .

Order Date :- 18.8.2025 VKG

Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad