SAHAB SINGH AND 4 OTHERS v. STATE OF U.P. AND 4 OTHERS
A482/34852/2024 · 2025-05-13
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 104726 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 104726 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:78945 Court No. - 84 Case :- APPLICATION U/S 482 No. - 34852 of 2024 Applicant :- Sahab Singh And 4 Others Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Sanjeev Kumar Rai,Viveka Nand Rai Counsel for Opposite Party :- G.A.,Naveen Kumar Rai 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 Case No.128 of 2020 arising out of Case Crime No.221 of 2019 (State vs. Sahab Singh and others), under sections 147, 148, 323, 324, 504, 506, 325 & 308 I.P.C., Police Station Pinahat, District Agra. 3. Learned counsel for the applicants submits that FIR was registered on 05.11.2019 in regard to marpeet by applicants to opposite party nos. 2 to 5. Thereafter, Investigating Officer has submitted charge-sheet and court took cognizance. Injured has received minor injury and one head injury. As far as medical examination report is concerned, injures are simple in nature except head injury and parties have amicably settled their dispute out of Court and entered into a compromise and has filed present 482 Cr.P.C. application to quash the proceedings pending against the applicants in terms of compromise. This 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 25.09.2024. Parties appeared before the trial court and parties were verified through their counsels and compromise deed was also verified, therefore, verification report dated 07.05.2025 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 Case No.128 of 2020 arising out of Case Crime No.221 of 2019 (State vs. Sahab Singh and others), under sections 147, 148, 323, 324, 504, 506, 325 & 308 I.P.C., Police Station Pinahat, District Agra, 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