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2025 DAILYLAW 103989 (ALL)

MORADHWAJ AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS

A482/34274/2024 · 2025-04-17

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57542 Court No. - 84 Case :- APPLICATION U/S 482 No. - 34274 of 2024 Applicant :- Moradhwaj And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajeev Kumar Counsel for Opposite Party :- Prashant Yadav,G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party nos. 2 & 3, and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Sessions Trial No. 1209 of 2022 (State of U.P. Versus Moradhwaj and others), arising out of Charge Sheet dated 05.10.2021 in Case Crime No. 0282 of 2021 as well as the cognizance and summoning order dated 15.11.2021 issued under section 323, 324, 452, 504, 506, 325, 308/34 I.P.C., Police Station- Achhanera, District- Agra, passed by the learned Judicial Magistrate, Ist Agra, pending before the learned Additional District and Sessions Judge Court No. 6 Agra, on the basis of compromise. 3. Learned counsel for the applicants submitted that earlier applicants have approached this Court by filing Application U/S 482 No. 4168 of 2024 (Moradhwaj And 3 Others Vs. State of UP 2 Others) with the prayer that parties have amicably settled their differences and entered into a compromise and dispute between the parties is purely civil and private in nature. In the alleged incident opposite party no. 3 received injuries, which are not serious in nature. He next submitted that applicants and opposite party nos.2 & 3 have amicably settled their dispute out of the Court. The Hon'ble Court vide order dated 18.04.2024 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 18.05.2024 verified the parties as well as compromise application. He further submitted that applicants and opposite party nos.2 & 3 compromised the matter and opposite party nos.2 & 3 do not want to proceed the matter against the applicants. He further submitted that applicants and opposite party nos.2 & 3 have settled through compromise their private and civil dispute and as such opposite party nos.2 & 3 do not wish to press the aforesaid case against the applicants. Opposite party nos.2 & 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. 4. Learned counsel appearing for the opposite party nos.2 & 3 do 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 & 3 have no objection, if the proceedings in the aforesaid case are quashed. 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 entire proceedings of Sessions Trial No. 1209 of 2022 (State of U.P. Versus Moradhwaj and others), arising out of Charge Sheet dated 05.10.2021 in Case Crime No. 0282 of 2021 as well as the cognizance and summoning order dated 15.11.2021 issued under section 323, 324, 452, 504, 506, 325, 308/34 I.P.C., Police Station- Achhanera, District- Agra, pending before the learned Additional District and Sessions Judge Court No. 6 Agra, are hereby quashed. 9. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 18.4.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad