Wajeid Ali @ Wajid Ali and Another vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Wajeid Ali @ Wajid Ali and Another vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Entire proceedings of Case No.32128 of 2024 arising out of Case Crime No.121 of 2024 under Sections 323, 504, 506, 427 IPC, police station Khodarey, District Gonda (including charge sheet no. 01 of 2024 dated 27.06.2024 and summoning order dated 05.10.2024) quashed.

Issue for consideration

Whether the entire criminal proceedings of Case No.32128 of 2024 arising out of Case Crime No.121 of 2024 under Sections 323, 504, 506, 427 IPC (police station Khodarey, District Gonda), including the charge sheet and summoning order, are liable to be quashed in view of the compromise arrived at between the parties. +1 more

Court's answer

A compromise was entered into between the parties on 08.05.2025 and was verified on 17.06.2025; the parties do not want to press the criminal proceedings relating to Case Crime No.121 of 2024.

Ratio / Principle

As the applicants and opposite parties have entered into compromise and no grievance remains to be agitated, further criminal proceedings in the case are liable to be set aside in view of the Apex Court judgments cited (B.S. Joshi; Nikhil Merchant; Manoj Sharma; Gian Singh; Narindra Singh).

Key takeaways

The entire proceeding of Case No.32128 of 2024 arising out of Case Crime No.121 of 2024 under Sections 323, 504, 506, 427 IPC, police station Khodarey, District Gonda is quashed.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Om Prakash Shukla, J.; Neutral Citation 2025:AHC-LKO:37625; order dated 3.7.2025) allowed Application U/S 482 No. 4243 of 2025 filed by Wajeid Ali @ Wajid Ali and another, and quashed the entire proceedings of Case No.32128 of 2024 arising out of Case Crime No.121 of 2024 under Sections 323, 504, 506, 427 IPC, police station Khodarey, District Gonda, including charge sheet no. 01 of 2024 dated 27.06.2024 and the summoning order dated 05.10.2024 of the Chief Judicial Magistrate, Gonda. The parties had amicably settled their disputes by a compromise reduced to writing on 08.05.2025, which was verified by the court below on 17.06.2025 in compliance of this Court's order dated 27.05.2025; opposite party no.2 supported the quashing and the State raised no objection. Relying on B.S. Joshi (2003) 4 SCC 675, Nikhil Merchant (2008) 9 SCC 677, Manoj Sharma (2008) 16 SCC 1, Gian Singh (2012) 10 SCC 303 and Narindra Singh (2014) 6 SCC 466, the Court held that no grievance remained to be agitated and the further criminal proceedings were liable to be set aside.

Neutral Citation No. - 2025:AHC-LKO:37625

Court No. - 30

Case :- APPLICATION U/S 482 No. - 4243 of 2025 Applicant :- Wajeid Ali @ Wajid Ali And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Jai Vardhan Srivastava Counsel for Opposite Party :- G.A.,Malik Meraj Ahmad

Hon'ble Om Prakash Shukla,J.

1. Heard learned counsel for the applicants, learned A.G.A. for the State, Shri Malik Meraj Ahmad, learned counsel for the opposite party no.2 and perused the record.

2. By means of the instant application, the applicants have prayed for quashing of charge sheet no. 01 of 2024 dated 27.06.2024 as well as summoning order dated 05.10.2024 passed by Chief Judicial Magistrate, Gonda relating to Case No.32128 of 2024 arising out of Case Crime No.121 of 2024 under Sections 323, 504, 506, 427 IPC, police station Khodarey, District Gonda.

3. Learned counsel for the applicants submits that due to some misunderstanding the instant F.I.R. was lodged against the applicants. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 08.05.2025 which is annexed as Annexure No.4 to the application. Thereafter, in compliance of order dated 27.05.2025, passed by this Court, the parties have appeared before Court below on 10.06.2025 and on 17.06.2025 the compromise deed was verified, copy of verification order is annexed as SA-2 to the supplementary affidavit. He submits that now there is no dispute in between the parties and they have settled their dispute. He submits that further criminal proceedings in the instant matter would amount to harassment and, thus, the instant criminal proceedings arising out of Case Crime No.121 of 2024 may be quashed.

4. Learned counsel for the opposite party no.2 has also supported the version of the learned counsel for the applicants and submits that parties have amicably settled their dispute and the opposite party no.2 has no grievance, hence, criminal proceedings against the applicants may be dropped. Learned counsel for the State has no objection to the submissions aforesaid.

5 . Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 08.05.2025 and said compromise has been verified on 17.06.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings relating to Case Crime No.121 of 2024.

6. In view of the above, as the applicants and opposite parties have entered into compromise on 08.05.2025 and no grievance remains to be agitated and, as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgments of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation (2008) 9 SCC 677; Manoj Sharma Vs. State and others, (2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab (2014) 6 SCC 466 .

7. Accordingly, entire proceeding of Case No.32128 of 2024 arising out of Case Crime No.121 of 2024 under Sections 323, 504, 506, 427 IPC, police station Khodarey, District Gonda are hereby quashed.

8. The application is allowed accordingly.

(Om Prakash Shukla, J.)

Order Date :- 3.7.2025 Arnima

Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench