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2025 DAILYLAW 104653 (ALL)

MOHAN LAL KUSHWAHA AND ANOTHER v. State of U.P. AND ANOTHER

A482/34710/2024 · 2025-05-26

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90051 Court No. - 84 Case :- APPLICATION U/S 482 No. - 34710 of 2024 Applicant :- Mohan Lal Kushwaha And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 28.12.2015, cognizance and summoning order dated 08.04.2016 as well as entire proceeding of Case No.107 of 2016 arising out of Case Crime No.87 of 2015, under sections 387, 452, 504, 506 I.P.C., Police Station Sakrar, District Jhansi, pending in the court of Special Judicial Magistrate, Mauranipur, Jhansi. 3. Learned counsel for the applicant submits that parties have amicably settled their dispute out of Court and entered into a compromise and has filed 482 Cr.P.C. application No.6816 of 2024 to quash the proceeding pending against the applicants in terms of compromise. This Court by order dated 07.05.2024 directed the parties to appear before the trial court and trial court is directed to verify the parties as well as compromise deed dated 08.08.2023. Parties appeared before the trial court and parties were verified through their counsels and compromise deed was also verified, therefore, verification report dated 18.05.2024 (Annexure No.6 to the application) is also available on record. He next submitted that since parties have compromised the matter, therefore, the proceeding pending against the applicant be quashed and opposite party no.2 (informant) does not want to pursue the case further. 4. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicant 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. 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 proceeding of Case No.107 of 2016 arising out of Case Crime No.87 of 2015, under sections 387, 452, 504, 506 I.P.C., Police Station Sakrar, District Jhansi, pending in the court of Special Judicial Magistrate, Mauranipur, Jhansi, is hereby quashed. 9. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 27.5.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad