VIRENDRA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A482/34918/2024 · 2025-05-13
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 104699 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 104699 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:79271 Court No. - 84 Case :- APPLICATION U/S 482 No. - 34918 of 2024 Applicant :- Virendra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailendra Kumar Rai Counsel for Opposite Party :- G.A.,Hari Keshav Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants, learned counsel for the informant, and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of S.T. No.101 of 2018 arising out of Case Crime No.326 of 2015 (State vs. Virendra & others), under sections 323, 504, 506 & 308 I.P.C., Police Station Nonahra, District Ghazipur.
3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is alleged in the FIR that both the parties have lodged NCR against each other. On account of injury, instant NCR converted under sections 323, 504, 506 & 308 I.P.C. Injury received by injured is simple in nature. Parties have amicably settled their dispute out of Court and has filed present 482 Cr.P.C. application before this Court to quash the proceedings pending against them on terms of compromise. Hon'ble Court by order dated 02.01.2025
directed the parties to appear before the trial court and trial court is
directed to verify the parties as well as compromise deed dated
18.11.2023. Parties appeared before the trial court and parties were verified through their counsels 30.04.2025 and compromise deed was also verified, therefore, verification report dated 01.05.2025 is also available on record. He next submitted that since parties have compromised the matter, therefore, the proceeding pending against the applicants 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 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.
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 S.T. No.101 of 2018 arising out of Case Crime No.326 of 2015 (State vs. Virendra & others), under sections 323, 504, 506 & 308 I.P.C., Police Station Nonahra, District Ghazipur, is hereby quashed.
9. This application under Section 482 Cr.P.C. is accordingly allowed.
Order Date :- 14.5.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad