Allahabad High Court
Waseem Alias Guddu And 3 Others vs State Of U.P. And Another on 23 August, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:146422 Court No. - 89 Case :- APPLICATION U/S 482 No. - 37427 of 2024 Applicant :- Waseem Alias Guddu And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailendra Kumar Tripathi Counsel for Opposite Party :- Durgesh Kumar Pandey,G.A. Hon'ble Jitendra Kumar Sinha,J.
1. The case is taken up on mentioning.
2. Supplementary affidavit filed on behalf of the applicants, is taken on record.
3. Heard Sri Shailendra Kumar Tripathi, learned counsel for the applicants, Sri Jai Shukla, Advocate, holding brief of Sri Durgesh Kumar Pandey,, learned counsel for opposite party no.2 and Sri B. P. Singh, learned AGA for the State-opposite party no.1.
4. This application u/s 482 Cr.P.C. has been preferred with prayer to quash the cognizance/summoning order dated 19.09.2024, passed by the learned Additional Chief Judicial Magistrate, Kannauj as well as entire criminal proceeding of Case No.1025 of 2024 (State Vs. Waseem @ Guddu and others), arising out of charge sheet dated 01.12.2023, submitted in Case Crime No.513 of 2023, under sections 452, 323, 504, 506, 427, 325, 308 IPC, Police Station Kotwali Gursahaiganj, District Kannauj, pending before the learned Additional Chief Judicial Magistrate, Kannauj, on the basis of compromise dated 15.10.2024.
5. It is contended by learned counsel for the applicants 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 certified copy of the proceeding of compromise verification are also on record as annexure 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.
6. 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.
7. In view of the fact that applicants and opposite party no.2 have entered into compromised 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.
8 In view of the aforesaid, the cognizance/summoning order dated 19.09.2024, passed by the learned Additional Chief Judicial Magistrate, Kannauj as well as entire criminal proceeding of Case No.1025 of 2024 (State Vs. Waseem @ Guddu and others), arising out of charge sheet dated 01.12.2023, submitted in Case Crime No.513 of 2023, under sections 452, 323, 504, 506, 427, 325, 308 IPC, Police Station Kotwali Gursahaiganj, District Kannauj, pending before the learned Additional Chief Judicial Magistrate, Kannauj, are hereby quashed.
9. The application u/s 482 Cr.P.C. is hereby allowed.
Order Date :- 23.8.2025/VKG