Shoukeen and 5 Others Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

Shoukeen and 5 Others Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 482 Cr.P.C. allowed; entire proceedings of Criminal Case No. 311 of 2011, including charge-sheet dated 21.3.2011 and cognizance taking order dated 06.05.2021, quashed against the applicants.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 311 of 2011 (State Vs. Ahsan and others), including the charge-sheet dated 21.3.2011 and the cognizance taking order dated 06.05.2021, are liable to be quashed under Section 482 Cr.P.C. on the basis of the compromise arrived at between the parties.

Court's answer

Both parties having amicably settled all disputes and agreed to withdraw all cases pending between them, with the compromise verified by the court concerned and report on record, and considering the law laid down 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.

Ratio / Principle

The entire proceedings of Criminal Case No. 311 of 2011 (State Vs. Ahsan and others) under Sections 147, 148, 149, 452, 323, 324, 504, 506 I.P.C., police station Bhagatpur, District Moradabad, arising out of Crime No. 53 of 2011, including the charge-sheet dated 21.3.2011 and cognizance taking order dated 06.05.2021, are quashed against the applicants.

Detailed headnote1 paragraphs

Quashing of criminal proceedings on the basis of compromise — Application under Section 482 Cr.P.C. allowed — Entire proceedings of Criminal Case No. 311 of 2011 (State Vs. Ahsan and others) under Sections 147, 148, 149, 452, 323, 324, 504, 506 I.P.C., police station Bhagatpur, District Moradabad, arising out of Crime No. 53 of 2011, including charge-sheet dated 21.3.2011 and cognizance taking order dated 06.05.2021, quashed against the applicants — Parties amicably settled all disputes and agreed to withdraw all cases, including the present case, pending between them; compromise verified by the court concerned and report on record — Law laid down in State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296, considered — Held it would be in the interest of justice that the impugned proceedings be quashed (Jitendra Kumar Sinha, J.).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 19291 of 2024

Shoukeen And 5 Others

.....Applicant(s)

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

Court No. - 89

HON'BLE JITENDRA KUMAR SINHA, J.

The matter is taken up on mentioning.

Heard Shri Irshad Ali Advocate, holding brief of Sri Rakesh Kumar Verma, learned counsel for the applicants, Sri Sameer Khan, learned counsel for the opposite party no. 2 and Shri Chandrashekhar Saran, learned AGA for the State.

This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings of Criminal Case No. 311 of 2011( State Vs. Ahsan and others), under Sections 147, 148, 149, 452, 323, 324, 504, 506 I.P.C., police station Bhagatpur, District Moradabad arising out of Crime No. 53 of 2011 including charge-sheet dated 21.3.2011 as well as cognizance taking order dated 06.05.2021, pending in the court of learned Judicial Magistrate, Thakurdwara,Moradabad on the basis of compromise arrived at between the parties.

It is contended by learned counsel for the applicants that both the parties have entered into compromise and the same has been verified by the court concerned. A report regarding the same is on record. It has also prayed that the proceedings of the present case be also quashed against the applicants in view of the compromise arrived at between the parties.

Learned A.G.A. as well as learned counsel for opp. party no. 2 has no objection if parties compromise the matter.

I have considered the submissions and perused the record.

A482 No. 19291 of 2024

2

Both the parties have amicably settled all the disputes and they have agreed for withdrawal of all cases, including present case, pending between the parties and the same has been verified by the court concerned. A report regarding the same is available on record. Considering the law laid down 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 view of the aforesaid, the entire proceedings of Criminal Case No. 311 of 2011( State Vs. Ahsan and others), under Sections 147, 148, 149, 452, 323, 324, 504, 506 I.P.C., police station Bhagatpur, District Moradabad arising out of Crime No. 53 of 2011 including charge-sheet dated 21.3.2011 as well as cognizance taking order dated 06.05.2021, pending in the court of learned Judicial Magistrate, Thakurdwara, Moradabad are hereby quashed against the applicants.

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

(Jitendra Kumar Sinha,J.)

September 4, 2025

Gss

Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad