Babar @ Babar Khan and Another Vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another — Allahabad HC (2025) — LawSathi Research

Babar @ Babar Khan and Another Vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire criminal proceedings arising out of Case No.1494 of 2018 / Case Crime No.21 of 2018 under Sections 323 and 506 IPC, P.S. Kotwali Nagar, District Sultanpur, pending before ACJM, Court No.17, Sultanpur.

Issue for consideration

Whether the entire criminal proceedings arising out of Case No.1494 of 2018 / Case Crime No.21 of 2018 under Sections 323 and 506 IPC, P.S. Kotwali Nagar, District Sultanpur, pending before ACJM, Court No.17, Sultanpur, should be quashed in view of the amicable settlement (compromise) reached between the parties.

Court's answer

A compromise was entered into between the parties on 17.02.2025 and was verified on 03.06.2025; as per the statement of learned counsel for the parties, they do not want to press the criminal proceedings relating to Case Crime No.21 of 2018.

Ratio / Principle

Since the applicants and opposite parties entered into a compromise on 17.02.2025 and no grievance remains to be agitated, further criminal proceedings in the case are liable to be set aside, in view of the judgments of the Apex Court in 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.

Key takeaways

The entire proceeding arising out of Case No.1494 of 2018 / Case Crime No.21 of 2018 under Sections 323, 506 IPC, P.S. Kotwali Nagar, District Sultanpur, pending before ACJM, Court No.17, Sultanpur, is hereby quashed.ratio¶13
The application (U/S 482) is allowed accordingly.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench) — Hon'ble Om Prakash Shukla, J. — Application U/S 482 No. 4346 of 2025 (Order Date 3.7.2025). Applicants Babar @ Babar Khan and Another sought quashing of the entire criminal proceedings arising out of Case No.1494 of 2018 / Case Crime No.21 of 2018 under Sections 323, 506 IPC, P.S. Kotwali Nagar, District Sultanpur, pending before ACJM, Court No.17, Sultanpur. Counsel submitted the FIR arose from a misunderstanding; the parties settled their disputes amicably by a compromise deed reduced in writing on 17.02.2025 (Annexure No.4), which was verified before the court below on 03.06.2025 in compliance of this Court's order dated 27.05.2025. Opposite party no.2 supported the settlement and the State raised no objection. Finding that the parties had compromised on 17.02.2025 (verified 03.06.2025) and did not want to press the proceedings, and that no grievance remained, the court set aside further criminal proceedings in view of the Apex Court judgments 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, quashed the entire proceedings, and allowed the application.

Neutral Citation No. - 2025:AHC-LKO:37646

Court No. - 30

Case :- APPLICATION U/S 482 No. - 4346 of 2025

Applicant :- Babar @ Babar Khan And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Ashutosh Mishra Counsel for Opposite Party :- G.A.,Raja Pratap Singh

Hon'ble Om Prakash Shukla,J.

1. Heard learned counsel for the applicants, learned A.G.A. for the State, Shri Raja Pratap Singh, 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 entire criminal proceeding arising out of Case No.1494 of 2018 Case Crime No.21 of 2018 under Section 323, 506 IPC police station Kotwali Nagar, District Sultanpur pending before ACJM, Court No.17, Sultanpur.

3. Learned counsel for the applicants submits that due to certain 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 17.02.2025 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 03.06.2025 on which date the compromise deed was verified, copy of verification order is annexed as A1 to the affidavit filed today which is taken on record. 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.21 of 2018 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 17.02.2025 and said compromise has been verified on 03.06.2025 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.21 of 2018.

6. In view of the above, as the applicants and opposite parties have entered into compromise on 17.02.2025 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 arising out of Case No.1494 of 2018 Case Crime No.21 of 2018 under Section 323, 506 IPC police station Kotwali Nagar, District Sultanpur pending before ACJM, Court No.17, Sultanpur 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