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Neutral Citation No. - 2025:AHC:107384 Court No. - 72 Case :- APPLICATION U/S 482 No. - 36718 of 2024 Applicant :- Bhagwat And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Tiwari,Vijay Kumar Mishra Counsel for Opposite Party :- G.A.,Suneel Kumar Mishra Hon'ble Deepak Verma,J.
1. Supplementary affidavit, filed today, is taken on record.
2. Heard learned counsel for the applicants; learned counsel for opposite party no. 2; learned A.G.A. for the State and perused the record.
3. The present 482 Cr.P.C. application has been filed to quash to charge sheet dated 06.06.2004 and 03.10.2024 as well as entire criminal proceedings of Criminal Case No.567 of 2024, arising out of Case Crime No.164 of 2024, under Sections 323, 324, 504, 506 I.P.C., P.S. Ganj, District Rampur, pending before the court of learned Judicial Magistrate, Rampur in terms of compromise dated
10.10.2024.
4. It is alleged in the F.I.R. that accused persons committed marpeet with complainant as a result complainant received injury.
Learned counsel for the applicants submits injuries are simple in nature. The applicants filed 482 petition to quash the proceedings as both the parties have amicably settled the dispute out of the court. The Co-ordinate Bench of this Court vide order dated 04.12.2024 directed the parties to appear before the court below for verification of compromise.
5. Pursuant to the said order dated 04.12.2024, the parties appeared before the court below and in their presence, after due verification of the parties and contents of the compromise made between them, the court vide order dated 23.06.2025 has passed the verification
order. A copy of the same is annexed with the supplementary affidavit. Thereafter, a report has been submitted by the Chief
Judicial Magistrate, Rampur, through letter dated 24.06.2025. The same is also taken on record.
6. Learned counsel for the applicant has submitted that the applicant and opposite party no.2 have settled their private and civil dispute through compromise and as such opposite party no.2 does not wish to press the aforesaid case against the applicant. 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.
7. Learned A.G.A. and counsel for the opposite party no. 2 do not dispute the correctness of the submission made by learned counsel for the applicant or the correctness of the documents relied upon by him.
8. In view of the facts and circumstances of the case, the applicant and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.
9. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceedings of Criminal Case No.567 of 2024, arising out of Case Crime No.164 of 2024, under Sections 323, 324, 504, 506 I.P.C., P.S. Ganj, District Rampur, is hereby quashed.
10. The application under Section 482 CrPC is, accordingly, allowed.
Order Date :- 8.7.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad