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2025 DAILYLAW 103448 (ALL)

SANJEEV AND 8 OTHERS v. State of U.P. AND ANOTHER

A482/33933/2024 · 2025-05-14

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80690 Court No. - 84 Case :- APPLICATION U/S 482 No. - 33933 of 2024 Applicant :- Sanjeev And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Verma Counsel for Opposite Party :- Rupendra Kumar Mishra,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 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 03.09.2023; cognizance order dated 27.10.2023 passed by the learned Additional Chief Judicial Magistrate, Court No.1, Moradabad, as well as entire proceeding of Case No. 41919 of 2023 (State Vs. Sanjeev and others) arising out of Case Crime No. 386 of 2023, Under Sections 147, 323,504, 506 of I.P.C., Police Station Katghar, District Moradabad, pending in the Court of learned Additional Chief Judicial Magistrate, Court No.-1, Moradabad on the basis of compromise dated 23.11.2023. 4. The applicants and opposite party no. 2 are neighbour. The incident occurred on 07.08.2023. Learned counsel for the applicants submits that injuries are simple in nature. The applicants challenged the aforesaid proceedings by way of filing instant 482 Application to quash the proceedings pending against the applicants in aforesaid sections and in terms of compromise and the Co-ordinate Bench of this Court vide order dated 03.01.2025 after hearing and considering that parties entered into compromise, sent the matter before the trial court for verification of the parties. 5. Pursuant to the said order dated 03.01.2025, the parties appeared before the court below and in their presence, after due verification of the parties and the contents of the compromise made between them, the court vide order dated 12.02.2025 has passed the verification order. A copy of the same is annexed with the supplementary affidavit. 6. Learned counsel for the applicant 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 A.G.A. and counsel for the opposite party no.2 do not dispute the correctness of the submission made by learned counsel for the applicant or the correctness of the documents relied upon by him. 8. In view of the facts and circumstances of the case, the applicant 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. 41919 of 2023 (State Vs. Sanjeev and others) arising out of Case Crime No. 386 of 2023, Under Sections 147, 323,504, 506 of I.P.C., Police Station Katghar, District Moradabad, is hereby quashed. 10. This application under Section 482 CrPC is accordingly allowed. Order Date :- 15.5.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad