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2025 DAILYLAW 102812 (ALL)

DASHRATH v. STATE OF U.P. AND ANOTHER

A482/33573/2024 · 2025-07-31

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129495 Court No. - 72 Case :- APPLICATION U/S 482 No. - 33573 of 2024 Applicant :- Dashrath Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Singh Tomar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Supplementary affidavit, filed today, is taken on record. 2. Heard learned counsel for the applicant; 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 18.10.2018; cognizance/summoning order dated 14.08.2019 passed by Judicial Magistrate Orai, District Jalaun as well as entire proceeding of Case No. 361 of 2019 (State Vs. Dashrath arising out of Case Crime No. 62 of 2018) Under Sections 323, 504, 506 I.P.C., Police Station-Dakor, District-Jalaun on the basis of compromise/notary affidavit dated 05.09.2024. 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 09.12.2024 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 06.01.2025 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 AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 6. 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. 7. 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. 8. Accordingly, the proceedings of Case No. 361 of 2019 (State Vs. Dashrath arising out of Case Crime No. 62 of 2018) Under Sections 323, 504, 506 I.P.C., Police Station-Dakor, District- Jalaun, is hereby quashed. 9. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 1.8.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad