Rajesh Kumar Verma and Another v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko. and 3 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10594 of 2025 Court No. - 29 HON'BLE DIVESH CHANDRA SAMANT, J.

¶1Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record.

¶2The present application has been filed with the following prayers :- "to quash the impugned charge sheet dated 23.09.2023, arising out the F.I.R. No.491/2022, U/S-419, 420, 467, 468, 471, 447, 427, 506 1.P.C., Police Station-Gosaiganj, District-Lucknow dated 18.10.2022 and also cognizance and summoning order dated 01.01.2024, which had arisen out of the F.I.R. No. 491/2022, U/S-419, 420, 467, 468, 471, 447, 427, 506 I.P.C., Police Station-Gosaiganj, District-Lucknow against the applicants/petitioners on the basis of the compromise dated

26.07.2024, and also verified by the Additional Chief Judicial Magistrate VIth Court No.30 Lucknow, dated 19.09.2024, in pursuance of the direction/order in application U/S-482 No.7723 of 2024 to meet the ends of the justice, as contained in Annexure No.1 & 2 to this application, in the interest of justice. Any other suitable order or direction which this Hon'ble Court may deem fit, just and proper under the circumstances of the case may also be passed in favour of the application."

¶3It has been submitted by learned counsel for the applicants that applicants are only marginal witnesses in the sale deed which has been executed by one Versus Counsel for Applicant(s) : Atulesh Kr. Singh Counsel for Opposite Party(s) : G.A. Rajesh Kumar Verma And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko. And 3 Others .....Opposite Party(s) of the co-accused in favour of another co-accused. In connection with the forged sale deed an FIR has been lodged against the applicants along-with other co-accused persons. After some time matter has been settled through compromise between the informant and main accused persons and a compromise deed dated 26.07.2024 has been signed between them. Thereafter an Application U/S 482 Cr.P.C. No.7723 of 2024 has been filed before this Court and vide order dated 02.09.2024 the Court had directed for verification of the compromise and the same has been verified by the Court below. After that co-accused persons have filed applications under Section 482 Cr.P.C. wherein the proceedings against them have been quashed on the basis of said compromise, therefore, the criminal proceedings against the applicants may also be quashed. Learned counsel for the applicants has placed reliance upon the judgement of the Apex Court passed in the Case of Gian Singh versus State of Punjab and another, (2012) 10 SCC 303.

¶4From the bare perusal of the order of compromise verification dated

02.09.2024 as well as criminal proceedings against the co-accused persons have been quashed in the Application U/S 482 Cr.P.C. No.10749 of 2024, (Sayed Mohamad Sajjad Thru. Farah Sajjad and State of U.P. & 3 others) vide orders dated 29.11.2024; Application U/S 482 Cr.P.C. No.10876 of 2024, (Anil Kumar Singh And 2 others versus State of U.P. & 3 others) vide orders dated 29.11.2024 and Application U/S 482 Cr.P.C. No.793 of 2025, (Syed Ahmad Mehdi versus State of U.P. & 3 others) vide orders

28.01.2025. The applicants cannot be hold guilt because they are only marginal witnesses in the sale deed in question whereas the main accused persons have compromised the matter and criminal proceedings have been quashed against them on the basis of compromise, therefore, criminal proceedings against the applicants are also liable to be quashed.

¶5Learned AGA for State submitted that in case proceedings against the applicants are quashed, he would have no objection.

¶6In view of the facts and circumstances of the case, the matter has already been mutually settled between the informant and main co-accused persons and the criminal proceedings have been quashed by this Court against them, therefore, no useful purpose would be served in proceeding with the matter further because the applicants are only marginal witnesses.

¶7Accordingly, the proceedings against the applicants of the aforesaid case A482 No. 10594 of 2025 is hereby quashed and the present application is allowed. December 17, 2025 I.A. Siddiqui A482 No. 10594 of 2025 (Divesh Chandra Samant,J.) High Court of Judicature at Allahabad, Lucknow Bench