AMIT KUMAR AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
A482/35032/2023 · 2026-03-17
Prashant Bilgaiyan Registrar J Criminal
body2023
DailyLaw.ai
[ 2023 DAILYLAW 2969 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 2969 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 35032 of 2023 Court No. - 77 HON'BLE PRAVEEN KUMAR GIRI, J.
1. Heard Sri Sunil Kumar Gaur, learned counsel for the applicants and Sri Kuldeep Kumar, learned counsel for O.P. No.2.
2. Learned counsel for the applicants submits that he has filed the instant application under Section 482 Cr.P.C. with the relief which has been mentioned in the prayer clause of the application.
3. The relief which has been mentioned in the application is delineated below:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the charge sheet dated 04.06.2021 arising out of Case Crime No.18/2020, Cognizance order dated 08.02.2022 passed by Additional Judicial Magistrate, Court No.6, Meerut, order dated 30.09.2022 passed by Additional Sessions Judge Court No.3, Meerut framing charge and entire proceedings of case being Sessions Trial No.835 of 2022 ( State Vs. Amit Kumar and others), under Sections 498A, 323, 307, 504, 506, 354A, 354B IPC & 3/4 D.P. Act, Case Crime No.18/2020, Police Station Lalkurti, District Meerut, pending before the Court of Additional Sessions Judge, Court No.3, Meerut. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of aforesaid case, during the pendency of the present application before this Versus Counsel for Applicant(s) : Manish Kumar Singh, Pavan Kishore, Sunil Kumar Gaur Counsel for Opposite Party(s) : G.A., Kuldeep Kumar Amit Kumar And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
Hon'ble court and/or pass such other and further order, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
4. The parties, out of their own free will, have settled their dispute amicably and in furtherance thereof, they have filed a compromise application dated 26.08.2023 before the concerned trial court. Thereafter, this Court, vide order 5.2.2026, has
directed the parties to appear before the concerned trial court for verification of the compromise application with a direction to the trial court to verify the compromise application in presence of both the parties and submit a report to this Court.
5. Learned counsel for the parties have not disputed the fact that the parties have settled their dispute amicably and they have filed compromise application before the trial court, which has been verified by the trial Court, vide order dated 20.02.2026, certified copy whereof has been filed along with supplementary affidavit, which is kept on record.
6. In the present case, the sections involved are 498A, 323, 307, 504, 506, 354A, 354B IPC & 3/4 D.P. Act, Case Crime No.18/2020.
7. Learned counsel for the opposite party no.2 has submitted that the O.P. No.2 does not want to proceed with the impugned criminal proceedings.
8. Therefore, in view of the above and considering the dictum of the Apex Court in re: 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, charge sheet dated 04.06.2021 arising out of Case Crime No.18/2020, Cognizance
order dated 08.02.2022 passed by Additional Judicial Magistrate, A482 No. 35032 of 2023 2
Court No.6, Meerut, order dated 30.09.2022 passed by Additional Sessions Judge Court No.3, Meerut framing charge and entire proceedings of case being Sessions Trial No.835 of 2022 (State Vs. Amit Kumar and others), under Sections 498A, 323, 307, 504, 506, 354A, 354B IPC & 3/4 D.P. Act, Case Crime No.18/2020, Police Station Lalkurti, District Meerut, pending before the Court of Additional Sessions Judge, Court No.3, Meerut, are hereby quashed.
9. Accordingly, the instant application is allowed.
March 18, 2026 SFH A482 No. 35032 of 2023 3 (Praveen Kumar Giri,J.) Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad