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2025 DAILYLAW 106010 (ALL)

SANJAY KUMAR v. State of U.P. AND ANOTHER

A482/37206/2024 · 2025-07-14

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:113904 Court No. - 72 Case :- APPLICATION U/S 482 No. - 37206 of 2024 Applicant :- Sanjay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suneel Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant 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 25.03.2022 and cognizance order dated 11.07.2022 passed by Civil Judge (S.D.)/F.T.C., Rampur in Case No.414 of 2022 (State Vs. Sanjay), arising out of Case Crime No.154 of 2021, under Sections 420, 406, 506 I.P.C., P.S. Kemari, District Rampur pending in the court of Judicial Magistrate, Rampur. 3. Learned counsel for the applicant submitted that applicant and opposite party no.2 have amicably settled their dispute out of the Court. Applicant earlier approached this Hon'ble Court by filing 482 application no.30258 of 2023 with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 10.10.2023 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 16.10.2023 verified the parties as well as compromise application through their counsels. He further submitted that applicant and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicant. He further submitted that applicant 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 applicant. Opposite party no.2 is ready to withdraw the prosecution of the applicant and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 4. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 5. 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. 6. 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. 7. Accordingly, the impugned charge-sheet dated 25.03.2022 and cognizance order dated 11.07.2022 passed by Civil Judge (S.D.)/F.T.C., Rampur in Case No.414 of 2022 (State Vs. Sanjay), arising out of Case Crime No.154 of 2021, under Sections 420, 406, 506 I.P.C., P.S. Kemari, District Rampur pending in the court of Judicial Magistrate, Rampur, are hereby quashed. 8. 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