KARAM ILAHI ALIAS CHAND MIYAN AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A482/39178/2024 · 2025-04-24
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 107191 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 107191 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:64173 Court No. - 84 Case :- APPLICATION U/S 482 No. - 39178 of 2024 Applicant :- Karam Ilahi Alias Chand Miyan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pooja Yadav Counsel for Opposite Party :- Balbir Yadav,G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants; learned counsel for the opposite party no. 2; learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of quash the entire proceeding of Case No.(7409 of 2015 old) New Case No.255 of 2024, (Nizam vs. Kram Ilahi @ Chand Miyan and others), under Sections 147, 148, 323, 452, 504 and 506 I.P.C., P.S. Kasganj, District Kasganj pending in the court of Civil Judge (J.D.) Kasganj in pursuance of compromise dated 10.06.2024. 3.Learned counsel for the applicants submitted that applicants and opposite party no.2 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 31.08.2024 sent the matter to trial court for verification of the parties and compromise application. 4. Pursuant to the said order dated 31.08.2024, the parties appeared before the court below and in their presence, after due verification of the parties and contents of the compromise made between them, the court vide order dated 18.09.2024 has passed the verification report. A copy of the same is annexed as annexure-7 to the application. 5. Learned counsel for the applicants has submitted that the applicants and opposite party no.2 have settled their private and civil dispute through compromise 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 A.G.A. and counsel for the opposite party no. 2 do not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by them. 7. In view of the facts and circumstances of the case, the applicants and opposite party no.
2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further. 8. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceedings of Case No.(7409 of 2015 old) New Case No.255 of 2024, (Nizam vs. Kram Ilahi @ Chand Miyan and others), under Sections 147, 148, 323, 452, 504 and 506 I.P.C., P.S. Kasganj, District Kasganj pending in the court of Civil Judge (J.D.) Kasganj, is hereby quashed. 9. This application under Section 482 CrPC is accordingly allowed. Order Date :- 25.4.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad