AKBAR KHAN AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/33946/2024 · 2025-05-19
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 102790 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 102790 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:84111 Court No. - 84 Case :- APPLICATION U/S 482 No. - 33946 of 2024 Applicant :- Akbar Khan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Mehrotra,Suyash Mehrotra Counsel for Opposite Party :- Dhirendra Kumar Agrahari,G.A. 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 informant, and learned A.G.A. for the State.
3. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No. 241 of 2011 (State Vs. Arshad and others), arising out of Case Crime No. 84 of 2001, under Sections 323, 325, 504, 452 I.P.C., Police Station- Gahmar, District- Ghazipur, on the basis of compromise entered in between the applicants and opposite party no. 2 on 17.08.2024.
4. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicant approached this Hon'ble Court by filing this 482 application with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide
order dated 21.10.2024 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 20.12.2024 verified the parties as well as compromise application. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 have settled through compromise their private and civil dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicants. 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. 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 entire proceedings of Criminal Case No. 241 of 2011 (State Vs.
Arshad and others), arising out of Case Crime No. 84 of 2001, under Sections 323, 325, 504, 452 I.P.C., Police Station- Gahmar, District- Ghazipur, pending before the Chief Judicial Magistrate, Ghazipur, are hereby quashed. 10. This application under Section 482 Cr.P.C. is accordingly allowed.
Order Date :- 20.5.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad