Neutral Citation No. - 2025:AHC:90134 Court No. - 84 Case :- APPLICATION U/S 482 No. - 35415 of 2024 Applicant :- Gulab Singh And Another Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Ajay Kumar Pandey,Anurag Sharma Counsel for Opposite Party :- G.A.,Vijay Tripathi Hon'ble Deepak Verma,J. 1. Sri Satish Trivedi, learned Senior Advocate assisted by Sri Ajay Kumar Pandey, learned counsel for the applicants, Sri Vijay Tripathi, learned counsel for the opposite party no. 2/informant and learned A.G.A. for the State are present. 2. The present 482 Cr.P.C. application has been filed to quash the Charge sheet dated 02.06.2021 & 12.01.2023 as well as the entire proceedings of S.T. No. 240 of 2024 (State Vs. Smt. Mithilesh Korku and others), arising out of Case Crime No. 0136 of 2021, under Sections 306, 34 I.P.C., Police Station- Thatipur, District- Gwalior, pending in the Court of learned Additional Session Judge, Court No. 1, Agra, in the light of compromise dated 14.08.2023. 3. Opposite party no. 2 lodged FIR under Section 306, 34 I.P.C., Police Station- Thatipur, District- Gwalior registered as Case Crime No. 0136 of 2021 against the applicants. Applicants had filed a Transfer Petition (Criminal) No. 267 of 2023 before the Hon'ble Apex Court with prayer to transfer the case bearing S.T. No. 174 of 2023 (State of M.P. Vs. Mithilesh Korku), pending at 11-IX, Additional District and Sessions Judge, Thatipur, Gwalior to District- Agra. The Hon'ble Apex Court vide order dated 12.12.2023 transferred the case bearing S.T. No. 174 of 2023 (State of M.P. Vs. Mithilesh Korku), pending at 11-IX, Additional District and Sessions Judge, Thatipur, Gwalior to the court of competent jurisdiction at Agra District Court, Uttar Pradesh. The Hon'ble Apex Court in its order dated 12.12.2023 has observed as under:- "4. Records of the case should immediately be transferred to the transferee court. 5. The parties may explore the possibility of settlement through Mediation. The transferee court would obtain the desire and wishes of the parties and proceed accordingly in this regard. 6. The parties are at liberty initially to appear through virtual mode. If such request is made, the concerned court may favourably consider the same and thereafter, if need be, the parties can be asked to appear through physical mode." 4. In pursuance of observation made by the Hon'ble Apex Court, applicants and opposite parties have amicably settled their dispute and entered into a compromise, thereafter, trial court vide order dated 04.07.2024 verified the parties as well as compromise application through their counsels. He further submitted that applicants and opposite parties compromised the matter and opposite parties do not want to proceed the matter against the applicants. He further submitted that applicants and opposite parties have settled dispute through compromise and as such opposite parties do not wish to press the aforesaid case against the applicants. Opposite party no.2 is 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. 5. 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. 6. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 7. 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. 8. 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. 9. Accordingly, the impugned Charge sheet dated 02.06.2021 & 12.01.2023 as well as the entire proceedings of S.T. No. 240 of 2024 (State Vs. Smt. Mithilesh Korku and others), arising out of Case Crime No. 0136 of 2021, under Sections 306, 34 I.P.C., Police Station- Thatipur, District- Gwalior, pending in the Court of learned Additional Session Judge, Court No. 1, Agra, are hereby quashed. 10. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 27.5.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad