Babu and 3 Others v. State of U.P.

Allahabad HC10 Sept 2025A482/9546/2024

Case brief

AI extract

What is this about?

Section 482 CrPC quashing of criminal proceedings on basis of verified compromise; death of first informant Guljar and injured Intzar; non-vital injury (right arm) and simple injuries; Smt. Nishat opposite party no. 2; S.T. No. 246 of 2016; Case Crime No. 363 of 2015; PS Simbhawali, District Hapur; IPC Sections 147, 148, 149, 452, 323, 324, 307, 504, 506; Naushey Ali & Others v. State of U.P. & Another, 2025 INSC 182 relied on; AGA no objection; application allowed and entire proceeding quashed in respect of applicants.

What did the court decide?

Application under Section 482 Cr.P.C. allowed; entire proceeding of S.T. No.246 of 2016 (State Vs. Babu and others), arising out of Case Crime No.363 of 2015, under sections 147, 148, 149, 452, 323, 324, 307, 504, 506 IPC, Police Station Simbhawali, District Hapur, quashed in respect of the applicants.

Babu and 3 Others Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire proceeding of S.T. No.246 of 2016 (State Vs. Babu and others), arising out of Case Crime No.363 of 2015, under sections 147, 148, 149, 452, 323, 324, 307, 504, 506 IPC, Police Station Simbhawali, District Hapur, should be quashed under Section 482 Cr.P.C. on the basis of the compromise between the applicants and opposite party no.2, in light of the death of the first informant and one injured and the nature of the injuries.

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Court's answer

Taking into account that the first informant Guljar and injured Intzar had died, that Intzar's injury was on his right arm (not a vital part) and injured Smt. Nishat's injuries were simple in nature, that the applicants and opposite party no.2 had entered into a compromise verified by the court concerned with the verification report on record, and the law laid down by the Hon'ble Supreme Court in Naushey Ali & Others Vs. State of U.P. & Another, 2025 INSC 182, it would be in the interest of justice that the impugned proceedings be quashed, in respect of the applicants.

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Ratio / Principle

The entire proceeding of S.T. No.246 of 2016 (State Vs. Babu and others), arising out of Case Crime No.363 of 2015, under sections 147, 148, 149, 452, 323, 324, 307, 504, 506 IPC, Police Station Simbhawali, District Hapur, stands quashed.

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Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Jitendra Kumar Sinha, J.; decision dated September 11, 2025) allowed an application under Section 482 Cr.P.C. by Babu and 3 others seeking quashing of the entire proceeding of S.T. No. 246 of 2016 (State v. Babu and others), arising out of Case Crime No. 363 of 2015, under Sections 147, 148, 149, 452, 323, 324, 307, 504 and 506 IPC, Police Station Simbhawali, District Hapur. Grounds accepted: (i) the first informant Guljar and one of the injured, Intzar (brother of Guljar), had died; (ii) Intzar's injury was on his right arm, not a vital part, and injured Smt. Nishat (wife of Guljar), opposite party no. 2, had suffered simple injuries; (iii) 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 (Annexure S.A.-1 to the supplementary affidavit); and (iv) the learned AGA for the State raised no objection. Taking note of the law laid down by the Hon'ble Supreme Court in Naushey Ali & Others v. State of U.P. & Another, 2025 INSC 182, the Court held it would be in the interest of justice to quash the impugned proceedings in respect of the applicants, and quashed the entire proceeding.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 482 No. - 9546 of 2024

Babu And 3 Others

.....Applicant(s)

Versus

State of U.P.

	.....Opposite Party(s)
Counsel for Applicant(s)	: Ashok Kumar Singh
Counsel for Opposite Party(s)	: G.A.
Court No.- 89

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HON'BLE JITENDRA KUMAR SINHA, J.

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The case is taken up on mentioning.

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Heard Sri Ashok Kumar Singh, learned counsel for the applicant and Sri B. P. Singh, learned AGA for the State-opposite party no.1.

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This application u/s 482 Cr.P.C. has been preferred with prayer to quash the entire proceeding of S.T. No.246 of 2016 (State Vs. Babu and others), arising out of Case Crime No.363 of 2015, under sections 147, 148, 149, 452, 323, 324, 307, 504, 506, IPC, Police Station Simbhawali, District Hapur, on the basis of compromise.

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It is contended by learned counsel for the applicants that first informant namely Guljar and one of the injured namely Intzar(brother of Guljar) have died. It is further contended that the injuries of the injured Intzar is on his right arm, which is not a vital part and the injuries suffered by the other injured namely Smt. Nishat (wife of Guljar)/opposite party no.2, are simple in nature.

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It is further contended by learned counsel for the applicants that applicants and opposite party no.2/Smt. Nishat (wife of Guljar), have entered into compromise and the said compromise has already been verified by the learned court concerned. He further submits that the certified copy of the proceeding of compromise verification report is also on record as annexure

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A482 No. 9546 of 2024

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No.S.A.-1 to the supplementary affidavit. 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.

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On the other hand, and learned AGA for the State has no objection to the above submissions made by learned counsel for the applicants.

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In view of the fact that first informant namely Guljar and one of the injured namely Intzar have died and the injuries of the injured Intzar is on his right arm, which is not a vital part and the injuries suffered by the other injured namely Smt. Nishat are simple in nature. Also keeping in view 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 Naushey Ali & Others Vs. State of U.P. & Another, 2025 INSC 182, 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.

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In view of the aforesaid, the entire proceeding of S.T. No.246 of 2016 (State Vs. Babu and others), arising out of Case Crime No.363 of 2015, under sections 147, 148, 149, 452, 323, 324, 307, 504, 506, IPC, Police Station Simbhawali, District Hapur, are hereby quashed.

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

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September 11, 2025 VKG

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(Jitendra Kumar Sinha,J.)

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Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad

Babu and 3 Others v. State of U.P.

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Babu and 3 Others v. State of U.P.

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