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2025 DAILYLAW 105863 (ALL)

SMT OMWATI AND ANOTHER v. State of UP AND ANOTHER

A482/37175/2024 · 2025-07-14

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:113876 Court No. - 72 Case :- APPLICATION U/S 482 No. - 37175 of 2024 Applicant :- Smt Omwati And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Kumar Chaubey Counsel for Opposite Party :- G.A. 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 proceedings of Case No.202 of 2004 (State Vs. Omwati and others), arising out of Case Crime No.186 of 2003, under Sections 420, 467, 468, 471, 506 I.P.C., P.S. Anoopshahar, District Bulandshahar pending in the court of Additional Chief Judicial Magistrate, Anoopshahar, District Bulandshahar. 3. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicants earlier approached this Hon'ble Court by filing 482 application no.27421 of 2024 with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 5.9.2024 disposed of the application with the direction that parties shall appear before the court below for verification of the parties and compromise application. Trial court vide order dated 27.9.2024 verified the parties as well as compromise application through their counsels. The verification report is annexed as Annexure-7. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 have settled through compromise their private and civil dispute and as such opposite party no.2 does 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. 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 impugned entire proceedings of Case No.202 of 2004 (State Vs. Omwati and others), arising out of Case Crime No.186 of 2003, under Sections 420, 467, 468, 471, 506 I.P.C., P.S. Anoopshahar, District Bulandshahar pending in the court of Additional Chief Judicial Magistrate, Anoopshahar, District Bulandshahar, is 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