Subhan and 6 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Subhan and 6 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the charge-sheets/cognizance-summoning order and the entire proceedings of Case Crime No.62 of 2019 (S.T. No.178 of 2023) against the applicants, on the basis of the court-verified compromise with opposite party no.2.

Issue for consideration

Whether the entire proceedings of S.T. No.178 of 2023, arising out of Case Crime No.62 of 2019 (Sections 147, 148, 149, 307, 323, 336, 452, 504, 506, 427 IPC, P.S. Raunapar, District Azamgarh), including the charge-sheets/cognizance-summoning order, pending against the applicants should be quashed on the basis of the compromise between the applicants and opposite party no.2.

Court's answer

Since the applicants and opposite party no.2 had entered into a compromise already 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, together with the facts of the matter, it was in the interest of justice to quash the impugned proceedings in respect of the applicants, as no useful purpose would be served by keeping them pending.

Ratio / Principle

The impugned charge-sheets/cognizance-summoning order and the entire proceedings of Case Crime No.62 of 2019, under Sections 147, 148, 149, 307, 323, 336, 452, 504, 506, 427 IPC, P.S. Raunapar, District Azamgarh, pending in the court of the Additional District and Sessions Judge, Court No.5, Azamgarh, against the applicants, are hereby quashed.

Key takeaways

The application u/s 482 Cr.P.C. is allowed.ratio¶17

Detailed headnote1 paragraphs

ALLAHABAD HC (Jitendra Kumar Sinha, J.) | Application U/s 482 No. 27171 of 2024 | Subhan and 6 others v. State of U.P. and another | Decided September 4, 2025 — Quashing granted on compromise: the charge-sheets/cognizance-summoning order and entire proceedings of S.T. No.178 of 2023, arising out of Case Crime No.62 of 2019 (Sections 147, 148, 149, 307, 323, 336, 452, 504, 506, 427 IPC, P.S. Raunapar, District Azamgarh), pending before the Additional District and Sessions Judge, Court No.5, Azamgarh, are quashed in respect of the applicants on the basis of their compromise with opposite party no.2, which had been verified by the court concerned with the verification report on record; reliance placed on State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296; consistent with the Court's earlier order of 17.01.2024 in Application U/s 482 No.6305 of 2023 quashing the proceedings against 15 co-accused (Danish and 14 others). Application allowed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 27171 of 2024

Subhan And 6 Others

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Mushtaq Ahmad
Counsel for Opposite Party(s)	: Muqeem Ahmad, G.A.
Court No.- 89

HON'BLE JITENDRA KUMAR SINHA, J.

The matter is taken on mentioning.

Heard Shri Pulkit Agarwal, Advocate holding brief of Shri Mushtaq Ahmad, learned counsel for the applicants, Shri Muqeem Ahmad, learned counsel for opposite party no. 2 and Shri B.P. Maurya, learned AGA for the State.

This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including proceedings of S.T. No.178 of 2023 (State Vs. Danish and others), arising out of Case Crime No.62 of 2019, under Sections 147, 148, 149, 307, 323, 336, 452, 504, 506, 427 IPC, P.S. Raunapar, District Azamgarh, pending in the court of learned Additional District and Sessions Judge, Court No.5, Azamgarh, on the basis of compromise arrived at between the parties.

It is contended by learned counsel for the applicants that the applicants and 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 further submitted that the proceedings against 15 other co-accused have already been quashed by this Court vide order dated 17.01.2024 passed in Application U/s 482 No.6305 of 2023 (Danish and 14 others Vs. State of U.P. and another). Learned counsel for the applicants further prays that in view of the compromise entered into between the applicants and opposite party no.2, the proceeding of the aforesaid case be quashed.

A482 No. 27171 of 2024

2

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 learned counsel for the applicants.

In view of the fact that applicants and opposite party no.2 have entered into compromise and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise is already on the 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. 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 impugned charge-sheets/cognizancesummoning order and entire proceedings of Case Crime No.62 of 2019, under Sections 147, 148, 149, 307, 323, 336, 452, 504, 506, 427 IPC, P.S. Raunapar, District Azamgarh, pending in the court of learned Additional District and Sessions Judge, Court No.5, Azamgarh, against the applicants, are hereby quashed.

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

September 4, 2025 RKM

(Jitendra Kumar Sinha,J.)

Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad