Allahabad High Court
Mohammad Akram @ Akram Vakeel vs State Of U.P. And 2 Others on 10 July, 2025
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:110664 Court No. - 77 Case :- APPLICATION U/S 482 No. - 29025 of 2024 Applicant :- Mohammad Akram @ Akram Vakeel Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashutosh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Ashutosh Kumar Pandey, learned counsel for applicant and learned AGA for the State-respondent.
2. The present application has been preferred challenging chargesheet dated 10.01.2012 along with entire proceedings of Criminal Case No.540 of 2012 (State Vs. Saleem Ansari and others), arising out of Case Crime No.334 of 2011, under Section 147, 148, 149, 307, 353, 332, 435, 436, 427, 504, 506, 325, 295 IPC and Section 7 of Criminal Law Amendment Act, Police Station Mugalsarai, District Chandauli, pending in the court of learned Chief Judicial Magistrate, Chandauli.
3. At the very outset, learned counsel for applicant submitted that for the same incident, two FIRs were registered i.e Case Crime No.334 of 2011, under Sections 147, 148, 149, 307, 353, 332, 435, 436, 427, 504, 506, 325, 295 IPC and Section 7 of Criminal Law Amendment Act and Case Crime No.334A of 2011 in pursuance of Sections 147, 148, 149, 395, 307, 432, 436, 427, 429, 325, 295 IPC and Section 7 of Criminal Law Amendment Act. It is informed by learned counsel for applicant that Case Crime No.334 of 2011 was instituted at the behest of police and Case Crime No.334A of 2011 was lodged by private respondent in which both the parties have already been entered into a compromise and on that basis, Coordinate Bench of this Court vide order dated 09.04.2024 passed in Application U/S 482 No.19916 of 2022, quashed the entire proceedings of Case Crime No.334A of 2011.
4. Learned counsel for applicant has submitted that once the proceedings between private parties being compromised which culminated into setting aside the entire proceedings of Case Crime No.334A of 2011, there is hardly any justification before State authorities to pursue the matter which is the same one arising out of same incident in shape of Case Crime No.334 of 2011.
5. Although, learned AGA opposed the prayer sought through the instant application but did not dispute the order dated 09.04.2024 passed by Coordinate Bench of this Court through which entire proceedings of Case Crime No.334A of 2011 has already been quashed.
6. In view of the facts and circumstances of the case, the Court notes that once the proceedings between the private parties has already been set at rest by proper adjudication made by a Coordinate Bench of this Court vide order dated 09.04.2024, there is no justification to continue the proceedings of Case Crime No.334 of 2011.
7. In view thereof, chargesheet dated 10.01.2012 along with entire proceedings of Criminal Case No.540 of 2012 (State Vs. Saleem Ansari and others), arising out of Case Crime No.334 of 2011, under Section 147, 148, 149, 307, 353, 332, 435, 436, 427, 504, 506, 325, 295 IPC and Section 7 of Criminal Law Amendment Act, Police Station Mugalsarai, District Chandauli, pending in the court of learned Chief Judicial Magistrate, Chandauli, are hereby set aside.
8. Accordingly, the instant application is allowed.
Order Date :- 10.7.2025 Vivek Kr.