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2025 DAILYLAW 105883 (ALL)

HARVEER AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/36820/2024 · 2025-07-20

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:118120 Court No. - 72 Case :- APPLICATION U/S 482 No. - 36820 of 2024 Applicant :- Harveer And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- Amit Rai,G.A. Hon'ble Deepak Verma,J. 1. Supplementary affidavit filed today, is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the informant, and learned A.G.A. for the State. 3. The present 482 Cr.P.C. application has been filed to quash the entire criminal proceeding of Case No. 1401/IX of 2002 (Now registered as Case No. 12404 of 2021) (State Vs. Mohan Singh and another), arising out of Case Crime No. 187 of 2002, U/s 323, 324, 504 & 506 IPC, Police Station- Magorra, District Mathura, on the ground of compromise dated 30.09.2022 taken place between both the parties and all consequential proceedings thereon. 4. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. He next submits the injuries received by the injured/informant are simple in nature. Applicants approached this Hon'ble Court by filing this 482 application with prayer to quash the proceedings on terms of compromise dated 30.09.2022 entered between the parties, the Hon'ble Court vide order dated 04.12.2024 passed following order:- "1. Heard learned counsel for the applicants, Sri Amit Rai, Advocate who has put in appearance on behalf of opposite party no.2 and learned AGA for the State. 2. This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the entire criminal proceeding of Case No. 1401/IX of 2002 (Now registered as Case No.12404 of 2021) (State Vs. Mohan Singh and another) arising out of Case Crime No. 187 of 2002, under Sections 323, 324, 504, & 506 I.P.C., Police Station Magorra, District Mathura in terms of compromise dated 30.09.2022. Photocopy of the said compromise is filed before this Court as annexure No.4. 3. Learned counsel for the applicants submits that the matter has been amicably settled between the parties by entering into a compromise dated 30.09.2022, which is pending before the trial Court concerned. 4. Learned counsel for the opposite party no.2 also admitted that matter has been amicably settled between the parties through compromise and he has no objection. 5. Learned A.G.A. has no objection to the aforesaid submission. However, he submits that the compromise effected between the parties may be verified by the trial court concerned. 6. In the interest of justice, the applicants and the opposite party no.2 are directed to appear in person before the court concerned on 03.01.2025 and shall submit the original compromise. It should be verified by the Court concerned and remit verification report to this Court up to date fixed. 7. List on 10.01.2025 as fresh alongwith verification report. 8. No coercive measure shall be issued against the applicants till the next date of listing. " 5. In pursuance of order of this Court dated 04.12.2024, Trial court vide order dated 05.02.2025 verified the parties as well as compromise application through their counsels. 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. 6. 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. 7. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 8. 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. 9. 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. 10. Accordingly, the impugned entire criminal proceeding of Case No. 1401/IX of 2002 (Now registered as Case No. 12404 of 2021) (State Vs. Mohan Singh and another), arising out of Case Crime No. 187 of 2002, U/s 323, 324, 504 & 506 IPC, Police Station- Magorra, District Mathura, are hereby quashed. 11. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 21.7.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad