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2025 DAILYLAW 104784 (ALL)

ATIRAJ AND 2 OTHERS v. State of U.P. AND 2 Others

A482/36974/2024 · 2025-07-14

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:113648 Court No. - 72 Case :- APPLICATION U/S 482 No. - 36974 of 2024 Applicant :- Atiraj And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mohd Faiz Counsel for Opposite Party :- G.A.,Mohammad Abid Ali 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 impugned Charge-sheet dated 16.03.2022 and cognizance order dated 20.05.2022 passed by Additional Magistrate 1st Aonla, Distric Bareilly in Case Crime No.0537 of 2021, under Section 307 I.P.C., P.S. Aonla, District Bareilly (State Vs. Atiraj and others). 3. Learned counsel for the applicants submitted that applicants and opposite party nos.2 and 3 have amicably settled their dispute out of the Court. Applicants earlier approached this Hon'ble Court by filing 482 application no.20143 of 2024 with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 27.06.2024 disposed of the application with the direction that parties shall appear before the court below for verification of the parties and compromise application. It is further submitted that the injuries received by the injured are simple in nature. Trial court vide order dated 30.07.2024 verified the parties as well as compromise application through their counsels. The verification report is filed with the application as Annexure No.5. He further submitted that applicants and opposite party nos.2 and 3 compromised the matter and opposite party nos.2 and 3 do not want to proceed the matter against the applicants. He further submitted that applicants and opposite party nos.2 and 3 have settled through compromise their private and civil dispute and as such opposite party nos.2 and 3 do not wish to press the aforesaid case against the applicants. Opposite party nos.2 and 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 and 3 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 nos. 2 and 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 impugned Charge-sheet dated 16.03.2022 and cognizance order dated 20.05.2022 passed by Additional Magistrate 1st Aonla, Distric Bareilly in Case Crime No.0537 of 2021, under Section 307 I.P.C., P.S. Aonla, District Bareilly (State Vs. Atiraj and others), are hereby quashed. 9. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 15.7.2025 Kpy Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad