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Neutral Citation No. - 2025:AHC:79935 Court No. - 84 Case :- APPLICATION U/S 482 No. - 37578 of 2024 Applicant :- Pappu Gupta Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anand Kumar,Mukesh Sharma,Shashi Shekhar Maurya Counsel for Opposite Party :- Bhriguram Ji,G.A.,Nilesh Kumar Dubey Hon'ble Deepak Verma,J.
1. Second supplementary affidavit, filed today, is taken on record. 2. Heard learned counsel for the applicant, 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 proceeding in S.T. No. 505/2015, arising out of case crime No.-25/2014, U/s 323, 504, 506, 308, 325 I.P.C., P.S. Bansgaon, District -Gorakhpur, pending before the learned A.D.J./Special Judge, (P.C. Act), Court No.4, Gorakhpur on basis of compromise. 4. Allegation in the FIR is that on 06.02.2014, named accused persons came to the shop of informant's husband/victim, who runs the shop of welding, for welding the article, when victim said for wait, the accused persons get annoyed and assaulted him with iron rod, due to which victim's head broken and started bleeding later he got fainted and fell on the floor, he was rushed to the city hospital by informant from where he was referred to Medical College Hospital, looking to the seriousness of health, victim was referred to Lucknow for treatment, as the victim was still in fainted stage. 5. Learned counsel for the applicant submitted that FIR has been registered against three accused persons and I.O. has submitted charge sheet. Before trial court, statement of prosecution witnesses was recorded. C.W. 1, 2, and 3 have not supported the prosecution case. CW. 1, 2 and 3 have been filed with supplementary affidavit. He further submitted that applicant and opposite party nos.2 and 3 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 03.01.2025 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 15.01.2025 verified the parties, through their counsels, as well as compromise application. He further submitted that applicants and opposite party nos.2 and 3 compromised the matter and opposite party Nos.2 and 3 do not want to proceed the matter against the applicant.
He further submitted that applicant and opposite party nos.2 and 3 have settled through compromise their private and civil dispute and as such opposite party nos.2 and 3 do not wish to press the aforesaid case against the applicant. Opposite party nos.2 and 3 are 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. 6. Learned counsel appearing for the opposite party nos.2 and 3 do not dispute the correctness of the submission made by learned counsel for the applicant or the correctness of the documents relied upon by him. He submits that opposite party nos. 2 and 3 have 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 entire proceeding in S.T. No. 505/2015, arising out of case crime No.-25/2014, U/s 323, 504, 506, 308, 325 I.P.C., P.S. Bansgaon, District Gorakhpur, pending before the learned A.D.J./Special Judge, (P.C. Act), Court No.4, Gorakhpur, is hereby quashed. 11. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 15.5.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad