MOHD FAIZI AND 2 OTHERS v. State of U.P. AND ANOTHER
A482/33515/2024 · 2025-05-08
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 101882 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 101882 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:75279 Court No. - 84 Case :- APPLICATION U/S 482 No. - 33515 of 2024 Applicant :- Mohd Faizi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Mishra,Avesh Mishra Counsel for Opposite Party :- Braj Gopal,G.A.,Shashwat Shukla Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants, learned counsel for the informant, and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet no.53B of 2023 dated 07.11.2023 & charge-sheet No.53C of 2024 dated 19.01.2024, cognizance & summoning
order dated 18.07.2024 as well as to quash the entire proceeding of Case No.19855 of 2024 (State vs. Krishna Gopal and others) arising out of Case Crime No.367 of 2022, under sections 420, 120B, 406, 417 I.P.C., Police Station Dhampur, District Bijnor, pending in the court of Chief Judicial Magistrate, Bijnor. 3. It is alleged in the FIR that named accused persons formed a company namely Future Map Private Ltd. and appointed informant as agent of the said company. Company deposited money of the public with the assurance that after four to five years they would get additional Rs.40,000/- to Rs.50,000/-. Public invested money in the said company but they have not received assured amount by the company. Learned counsel for the applicants next submits that the applicants are not named in the FIR and Investigating Officer has submitted charge-sheet against the applicants. Applicants and opposite party no.2 (informant) amicably settled the dispute out of Court and entered into compromise. Thereafter, they filed this Application u/s 482 Cr.P.C. with prayer that since parties have amicably settled the dispute out of Court, therefore, the proceedings pending against the applicants be quashed in terms of compromise. Hon'ble Court by order dated 16.12.2024 directed the parties to appear before the trial court and trial court is directed to verify the parties as well as compromise deed dated 14.06.2023. Parties appeared before the trial court and parties were verified through their counsels and compromise deed was also verified, therefore, verification report dated 20.12.2024 is filed through supplementary affidavit, the same is on record. He next submitted that since parties have compromised the matter, therefore, the
proceeding pending against the applicants be quashed and opposite party no.2 (informant) does not want to pursue the case further. 5. 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. 6. Learned AGA submitted that both the parties have settled their dispute out of the Court, hence, no reason to proceed further. 7. The Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs.
State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non- compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which, law expounded by the Hon'ble Apex Court in the aforesaid cases has been explained in detail. 8. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case. 9. Accordingly, the proceeding of Case No.19855 of 2024 (State vs. Krishna Gopal and others) arising out of Case Crime No.367 of 2022, under sections 420, 120B, 406, 417 I.P.C., Police Station Dhampur, District Bijnor, pending in the court of Chief Judicial Magistrate, Bijnor is hereby quashed. 10. This application under Section 482 Cr.P.C. is accordingly allowed.
Order Date :- 9.5.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad