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2025 DAILYLAW 105995 (ALL)

MOHD TARIQ AND 3 OTHERS v. State of UP AND ANOTHER

A482/39146/2024 · 2025-07-09

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109650 Court No. - 72 Case :- APPLICATION U/S 482 No. - 39146 of 2024 Applicant :- Mohd Tariq And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sarfaraz Ahmad Counsel for Opposite Party :- Mayank Krishna S Chandel,G.A.,Vinod Kumar Chandel Hon'ble Deepak Verma,J. 1. Supplementary affidavit filed today on behalf of the applicants 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 charge-sheet dated 20.01.2023, summoning order dated 01.05.2023 as well as entire proceedings of Criminal Case No.7482 of 2023 (State vs. Mohd.Tariq and others) arising out of Case Crime No.534 of 2022, under sections 323. 504. 506, 447, 448, 427, 120B I.P.C., Police Station Kotwali, District Mau, pending in the court of Chief Judicial Magistrate, Mau. 4. Learned counsel for the applicant submitted that applicants are innocent and have been falsely implicated in the present case. Learned counsel for the applicants 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. No.43244 of 2023 and this Court by order dated 01.11.2023 has passed the following orders:- "1. Heard learned counsel for the applicants 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 20.01.2023; summoning order dated 01.05.2023 as well as entire proceedings of Criminal Case No.7482 of 2023, Case Crime No.534 of 2022 (State Vs. Mohd. Tariq and others) under Sections 323, 504, 506, 447, 448, 427, 120-B I.P.C., P.S. Kotwali, District Mau, pending in the court of Chief Judicial Magistrate, District Mau. 3. It has been contended by learned counsel for the applicants that the applicants and opposite party no. 2 have amicably settled their dispute out of the court and entered into a compromise. A copy of the compromise deed entered into between the parties has been reduced in writing is annexed as Annexure no.4 to the present application, hence the proceeding against the applicants be quashed. 4. Learned AGA does not dispute the correctness of the facts. 5. Accordingly, it is provided that the parties shall appear before the court below with compromise deed along with a certified copy of this order on the next date fixed. It is therefore expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order to that effect within next four weeks. It shall be open to the applicants to file a fresh application U/S 482 at that stage for the relief sought herein. 6. In view of the above, the present application is disposed of. 7. For a period of five weeks, no coercive measure shall be taken against the applicants." 5. Learned counsel for the applicant next submits that in pursuance of this Court order, parties appeared before trial court and trial court on 12.01.2024 verified the parties through their counsels. Verification report is filed as Annexure SA-1 to the supplementary affidavit. Opposite party no.2 does not want to pursue the case further and proceeding be quashed in terms of compromise. 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 criminal proceeding in Criminal Case No.7482 of 2023 (State vs. Mohd.Tariq and others) arising out of Case Crime No.534 of 2022, under sections 323. 504. 506, 447, 448, 427, 120B I.P.C., Police Station Kotwali, District Mau, pending in the court of Chief Judicial Magistrate, Mau, is hereby quashed. 10. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 10.7.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad