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2025 DAILYLAW 100065 (ALL)

SHARUK AND 3 OTHERS v. State of U.P. AND 2 OTHERS

A482/32459/2024 · 2025-05-19

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84670 Court No. - 84 Case :- APPLICATION U/S 482 No. - 32459 of 2024 Applicant :- Sharuk And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Kuldeep Singh Tomar Counsel for Opposite Party :- Ankur Varshney,G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants; learned counsel for the opposite party nos. 2 and 3 learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 24-05-2024; cognizance order dated 31-07- 2024 (State Vs. Sharuk & others) as well as entire proceedings of Case No. 15612/9 of 2024 arising out of Case Crime No. 145 of 2024 under section 308, 504 I.P.C., Police Station Budhana, District Muzaffarnagar, pending in the court of learned Additional Chief Judicial Magistrate, court no. 1, Muzaffarnagar. 3. As per F.I.R., applicants hurled abuses and committed marpeet with informant's cousin while he was standing on the way with his friends. Learned counsel for the applicants submits that the applicants filed application under Section 482 to quash the proceedings as both the parties amicably settled the dispute out of the court. The Co-ordinate Bench of this Court vide order dated 25.11.2024 directed the parties to appear before the court below for verification of compromise. 4. Pursuant to the said order dated 25.11.2024, 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 13.01.2025 has passed the verification order. A copy of the same is annexed with application. 5. Learned counsel for the applicants has submitted that the applicant and opposite party nos. 2 and 3 have settled their private and civil dispute through compromise and as such opposite party nos. 2 and 3 do not wish to press the aforesaid case against the applicant. Opposite party nos. 2 and 3 are 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. 6. Learned counsel appearing for the State 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 nos. 2 and 3 have no objection, if the proceedings in the aforesaid case are quashed. 7. In view of the facts and circumstances of the case, the applicants and opposite party nos. 2 and 3 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. 8. 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. 15612/9 of 2024 arising out of Case Crime No. 145 of 2024 under section 308, 504 I.P.C., Police Station Budhana, District Muzaffarnagar, is hereby quashed. 9. The application under Section 482 CrPC is accordingly allowed. Order Date :- 20.5.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad