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2025 DAILYLAW 100014 (ALL)

RAJPAL v. State of U.P. AND ANOTHER

A482/34228/2024 · 2025-07-09

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109892 Court No. - 72 Case :- APPLICATION U/S 482 No. - 34228 of 2024 Applicant :- Rajpal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Keshri Counsel for Opposite Party :- G.A.,Viveka Nand Maurya Hon'ble Deepak Verma,J. 1. Supplementary affidavit, filed today, is taken on record. 2. Heard learned counsel for the applicants; learned counsel for the opposite party no. 2 ; learned A.G.A. for the State and perused the record. 3. The present 482 Cr.P.C. application has been filed to quash the Charge Sheet dated 19.06.2010 as well as entire proceedings of Case No. 3954 of 2010, State Vs. Nanga and others arising out of Case Crime No. 828 of 2009, Under Sections 363 and 366 1.P.C., Police Station Iglas, District Aligarh, pending in the court of Learned Additional Chief Judicial Magistrate, Court No. 3, Aligarh on the basis of compromise entered between the victim and applicant. 4. As per F.I.R. applicant along with other co-accused persons enticed away the daughter of complainant. Learned counsel for the applicants submits that the applicants filed 482 petition to quash the proceedings as both the parties have amicably settled the dispute out of the court. The Co-ordinate Bench of this Court vide order dated 20.03.2025 directed the parties to appear before the court below for verification of compromise. 5. Pursuant to the said order dated 20.03.2025, the parties appeared before the court below and in their presence, after due verification of the parties and contents of the compromise made between them, the court vide order dated 08.04.2025 has passed the verification order. A copy of the same is annexed with the supplementary affidavit. 6. Learned counsel for the applicants has submitted that the applicant and opposite party no.2 have settled their private and civil dispute through compromise and as such opposite party no.2 does not wish to press the aforesaid case against the applicant. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 7. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed. 8. In view of the facts and circumstances of the case, the applicants and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further. 9. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceedings of Case No. 3954 of 2010, State Vs. Nanga and others arising out of Case Crime No. 828 of 2009, Under Sections 363 and 366 1.P.C., Police Station Iglas, District Aligarh, is hereby quashed. 10. The application under Section 482 CrPC is accordingly allowed. Order Date :- 10.7.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad