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Neutral Citation No. - 2025:AHC:131767 Court No. - 72 Case :- APPLICATION U/S 482 No. - 38291 of 2024 Applicant :- Vinod And 2others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kamal Yash Sahwal,Pragyakar Mani Tripathi Counsel for Opposite Party :- Virendra Kumar Gupta,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 charge sheet dated 06.03.2021 as well as cognizance order dated 07.01.2022 and entire proceeding of case no. 275 of 2022 (State Vs. Ashok and others) Under Sections 147, 148, 323, 504, 506 IPC, arising out of case crime no. 436 of 2020, Police Station- Loni, District-Ghaziabad, pending in the court of learned Additional Chief Judicial Magistrate-I, Ghaziabad, in pursuance of compromise taken place between the parties on
11.09.2024.
3. Learned counsel for the applicants submitted that applicants and opposite party nos.2 to 6 have amicably settled their dispute out of the Court. Applicant approached this Hon'ble Court by filing this 482 application with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide
order dated 05.12.2024 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 09.01.2025 verified the parties as well as compromise application. He further submitted that applicants and opposite party nos.2 to 6 compromised the matter and opposite party nos.2 to 6 do not want to proceed the matter against the applicants. He further submitted that applicants and opposite party nos.2 to 6 have settled through compromise their private and civil dispute and as such opposite party nos.2 to 6 do not wish to press the aforesaid case against the applicants. Opposite party nos.2 to 6 are 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 nos.2 to 6 do 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 nos.2 to 6 have 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 cognizance order dated 07.01.2022 passed in case no.
275 of 2022, arising out of case crime no. 436 of 2020, Under Sections 147, 148, 323, 504, 506 IPC, Police Station- Loni, District-Ghaziabad, pending in the court of learned Additional Chief Judicial Magistrate-I, Ghaziabad, is hereby quashed. 9. This application under Section 482 Cr.P.C. is accordingly allowed.
Order Date :- 5.8.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad