Rafik Ahmad and 11 Others vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

Rafik Ahmad and 11 Others vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed; entire criminal proceedings and cognizance order in Criminal Case No. 1168 of 2022 (State Vs. Anwar and others), arising out of Case Crime No. 583 of 2019, under Sections 147, 148, 452, 324, 323, 504, 506 and 308 IPC, Police Station Nawabganj, District Bareilly, quashed and set aside on the basis of the compromise dated 18.12.2023; trial court directed not to proceed against the accused applicants.

Issue for consideration

Whether the entire criminal proceedings and the cognizance order in Criminal Case No. 1168 of 2022 (State Vs. Anwar and others), arising out of Case Crime No. 583 of 2019, under Sections 147, 148, 452, 324, 323, 504, 506 and 308 IPC, Police Station Nawabganj, District Bareilly, could be quashed under Section 482 Cr.P.C. on the basis of the compromise held between the parties on 18.12.2023.

Court's answer

Because the opposite party No. 2/victim did not want to proceed against the accused applicants, this Court, invoking its jurisdiction under Section 482 Cr.P.C. to meet the ends of justice, quashed and set aside the entire proceedings of Criminal Case No. 1168 of 2022 (State Vs. Anwar and others), arising out of Case Crime No. 583 of 2019, under Sections 147, 148, 452, 324, 323, 504, 506 and 308 IPC, Police Station Nawabganj, District Bareilly, on the basis of the compromise dated 18.12.2023, in view of the law laid down by the Hon'ble Supreme Court in B.S. Joshi (2003) 4 SCC 675, Gian Singh (2012) 10 SCC 303, Shambhu Kewat (2014) 4 SCC 149, Deepak (2014) 10 SCC 285, Manish (2015) 8 SCC 307, J. Ramesh Kamath (2016) 12 SCC 179, Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir (2017) 9 SCC 641.

Ratio / Principle

The trial court was directed not to proceed against the accused applicants, as the entire proceedings of the case had been quashed by this Court on the basis of the compromise, the opposite party no. 2/victim not wanting to proceed with the criminal case.

Detailed headnote1 paragraphs

Allahabad High Court (Praveen Kumar Giri, J.), on 13 November 2025, allowed an application under Section 482 Cr.P.C. filed by Rafik Ahmad and 11 others and quashed and set aside the entire criminal proceedings and cognizance order in Criminal Case No. 1168 of 2022 (State Vs. Anwar and others), arising out of Case Crime No. 583 of 2019, under Sections 147, 148, 452, 324, 323, 504, 506 and 308 IPC, Police Station Nawabganj, District Bareilly, pending before the Judicial Magistrate, Nawabganj, District Bareilly. The quashing rested on the compromise held between the parties on 18.12.2023, verified by the trial court at this Court's direction (verification order/report dated 2.8.2024 annexed to a supplementary affidavit), with opposite party No. 2 submitting that he had no grievance against the accused applicants and did not wish to proceed. Acting to meet the ends of justice, the Court relied on the law laid down by the Supreme Court in B.S. Joshi (2003) 4 SCC 675, Gian Singh (2012) 10 SCC 303, Shambhu Kewat (2014) 4 SCC 149, Deepak (2014) 10 SCC 285, Manish (2015) 8 SCC 307, J. Ramesh Kamath (2016) 12 SCC 179, Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir (2017) 9 SCC 641, and directed the trial court not to proceed against the accused applicants.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 8389 of 2024

Rafik Ahmad And 11 Others

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Mohd. Shabbir, Mohd. Tasleem
Counsel for Opposite Party(s)	: G.A., Mohammad Tahir Kurashi

Court No. - 82

HON'BLE PRAVEEN KUMAR GIRI, J.

Heard Shri Mohd. Shabbir, learned counsel for the applicants, Shri Saddam Hussain, Advocate holding brief of Shri Mohammad Tahir Kurashi, learned counsel for the opposite party No. 2 as well as learned A.G.A. for the State and perused the record.

Learned counsel for the applicants submits that he has filed the present application for the relief which has been mentioned in the prayer clause. The prayer clause is delineated below :

"It is therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to quash entire criminal proceedings and its cognizance order arising out of Criminal Case No. 1168 of 2022 (State Vs. Anwar and others), arising out of Case Crime No. 583 of 2019, under Sections 147, 148, 452, 324, 323, 504, 506 and 308 IPC, Police Station Nawabganj, District Bareilly, in view of compromise held between the parties on 18.12.2023, pending in the Court of Judicial Magistrate Nawabganj, District Bareilly.

It is further prayed that this Hon'ble Court may graciously be pleased to stay further proceedings in Criminal Case No. 1168 of 2022 (State Vs. Anwar and others), arising out of Case Crime No. 583 of 2019, under Sections 147, 148, 452, 324, 323, 504, 506 and 308 IPC, Police Station Nawabganj, District Bareilly, in view of compromise held between the parties on 18.12.2023, pending in the Court of Judicial Magistrate Nawabganj, District Bareilly."

Learned counsel for the applicants as well as learned counsel for the opposite party No. 2 submit that the opposite party No. 2 has no

A482 No. 8389 of 2024

2

grievances with the accused applicant and therefore he does not want to proceed the criminal case against the accused-applicant.

Earlier, this court has directed the concerned court to verify the compromise application, which has been annexed in the paper book of this case as well as filed before the trial court. On the direction of this court, both parties had appeared before the trial court, and the trial court has verified the compromise application. The verification order/report dated 2.8.2024 has been annexed as Annexure No. 1 to the supplementary affidavit filed before this Court, today.

As the opposite party No. 2 does not want to proceed the criminal case against the applicants, therefore, this Court invoking jurisdiction under Section 482 Cr.P.C. to meet the ends of justice has quashed and set aside the entire proceedings of Criminal Case No. 1168 of 2022 (State Vs. Anwar and others), arising out of Case Crime No. 583 of 2019, under Sections 147, 148, 452, 324, 323, 504, 506 and 308 IPC, Police Station Nawabganj, District Bareilly, pending in the Court of Judicial Magistrate Nawabganj, District Bareilly, on the basis of compromise dated 18.12.2023, in view of the law laid down by the Hon'ble Supreme Court in B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir vs. State of Gujarat (2017) 9 SCC 641 .

The trial court is directed not to proceed against the accused applicants, as the entire proceedings of this case have been quashed by this Court on the basis of the compromise as the opposite party no. 2/victim does not want to proceed criminal case against the applicant.

The application is allowed .

(Praveen Kumar Giri,J.)

November 13, 2025 SA

Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad