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Neutral Citation No. - 2025:AHC:107123 Court No. - 72 Case :- APPLICATION U/S 482 No. - 34979 of 2024 Applicant :- Anil Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant 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 21.03.2023, cognizance/summoning order dated 28.07.2023 as well as entire proceedings of Criminal Case No.1081 of 2024 (State vs. Anil Kumar Gaur) arising out of Case Crime No.43 of 2023, under sections 323, 504, 506, 308 I.P.C., Police Station Gaur, District Basti, pending in the court of Judicial Magistrate, Court No.19, Basti.
3. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case.
Learned counsel for the applicant submitted that the parties have amicably settled the dispute out of Court and on account of compromise, they filed Application u/s 482 Cr.P.C. and this Court by order dated 18.10.2024 has passed the following orders:-
1. Heard Sri Ganesh Kumar learned counsel for the applicant, Sri Neel Kant Upadhyay, learned A.G.A. for the State and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Case No.1081 of 2024 (State v. Anil Kumar Gaur) arising out of Case Crime No.43 of 203, under Sections 323, 504, 506, 308 I.P.C., Police Station Gaur, District Basti as well as impugned charge sheet dated 21.03.2023 and impugned cognizance/summoning order dated 28.07.2023 passed by Judicial Magistrate, Court No.19, Basti on the basis of compromise. 3. It is submitted by learned counsel for the applicant that the parties have amicably settled their dispute outside the Court and the opposite party no.2 does not want to prosecute the applicant. The compromise has taken place between them on 30.08.2024 and
the compromise deed has been annexed as Annexure-.8 to the affidavit filed in support of the application. 4. Learned A.G.A. and learned counsel appearing for the opposite party no.2 do not dispute the aforesaid facts. 5. In view of above facts, the parties shall file an application along with the compromise deed and appear before the Court concerned for verification of the compromise in the Week Commencing
11.11.2024. On receiving the said application, the Court below shall take steps for verification of the compromise and shall prepare a verification report. The concerned Court shall send the verification report to this Court, which may be placed in in the file. 6. Put up this matter as fresh on 29.11.2024 along with report of Court below. 7. Meanwhile, no coercive action shall be taken against the applicant, in the aforesaid case, till the next date of listing."
4. Learned counsel for the applicant next submits that injuries are simple in nature and both the parties have compromised the matter and in pursuance of this Court order, parties appeared before trial court and trial court verified the parties through their counsels. Verification report is filed with supplementary affidavit. Trial court has also transmit the verification report and same is also on record.
Opposite party no.2 does not want to pursue the case further and proceeding be quashed in terms of compromise. 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 criminal proceeding in Criminal Case No.1081 of 2024 (State vs. Anil Kumar Gaur) arising out of Case Crime No.43 of 2023, under sections 323, 504, 506, 308 I.P.C., Police Station Gaur, District Basti, pending in the court of Judicial Magistrate, Court No.19, Basti, is hereby quashed. 9. This application under Section 482 Cr.P.C. is accordingly allowed.
Order Date :- 8.7.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad