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2024 DAILYLAW 2988 (ALL)

RASHID KHAN AND 2 OTHERS v. State of UP AND ANOTHER

A482/27680/2024 · 2026-05-10

Samit Gopal

body2024

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 27680 of 2024 Court No. - 75 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Jitendra Kumar Maurya, learned counsel for the applicants, Sri Sampoorna Nand, learned counsel for the opposite party no. 2, Sri Bade Lal Bind, learned counsel for the State and perused the records. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants- Rashid Khan, Ikrar Khan, Firoj Khan with the prayer to quash the impugned cognizance and summoning order dated 14.12.2024 issued under Sections 147, 323, 406, 504, 506 I.P.C. and Section 3(1)(Da), 3(1)(Dha) and 3(2)(va) S.C./S.T. Act, passed by Special Judge, S.C./S.T. Act, Etawah, as well as charge sheet no. 30 of 2023, dated 01.12.2023 arising out of Case Crime No. 31 of 2023, u/ss. 147, 323, 406, 504, 506 I.P.C., Police Station Balrai, District Etawah, including the entire proceedings of the present case in pursuance of the compromise dated 26.7.2024 with the further prayer to stay the further proceedings of the said case during pendency of this application. 4. As per the report dated 17.1.2025 of Special Judge SC/ST Act (P.A.), Etawah Rs.75,000/- has been deposited back by the informant in the concerned office of the Government. A report to the said effect of Senior Treasury Officer, Etawah dated 08.1.2025 is enclosed with it which has also been perused. Versus Counsel for Applicant(s) : Akhilesh Kumar Tiwari, Jitendra Kumar Maurya Counsel for Opposite Party(s) : Alok Dixit, G.A., Kaushal Kant Dubey, Navneet Mishra, Rahul Mishra Rashid Khan And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Learned counsel for the applicants argued that the parties have settled the dispute amicably out of court and on the basis of compromise the applicants filed the present application before this Court in which an order for verification of the compromise was passed on 23.10.2024. It is argued that in compliance of the said order of this Court, the parties have filed the order of this Court along with compromise before the concerned court for its verification after which the concerned court has verified the said compromise vide its order dated 24.12.2024, copy of the said order has been placed on the record by the office through its report dated 04.2.2026. It is argued that the opposite party no. 2 is not interested to pursue the matter pending in the trial court and is not inclined to give any evidence against the applicants and therefore the impugned proceedings be quashed on the ground of compromise between the parties. 6. Learned State counsel and learned counsel for the opposite party no. 2 could not dispute the fact that the matter has been amicably settled between the parties which was duly verified by the concerned trial court. 7. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed. 8. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings, cognizance/summoning order, charge sheet as prayed for by the applicant(s). 9. The present application is allowed. 10. The impugned proceedings, cognizance/summoning order, charge A482 No. 27680 of 2024 2 sheet as prayed for by the applicant(s) in the said case are hereby quashed. May 11, 2026 Naresh A482 No. 27680 of 2024 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad