SHAHID @ KARIYA AND 5 OTHERS v. State of U.P. AND ANOTHER
A482/40148/2024 · 2025-09-16
Yogesh Dubey Joint Registrar Judicial
body2025
DailyLaw.ai
[ 2025 DAILYLAW 108278 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 108278 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 40148 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J.
1. The case is taken up on mentioning. 2. Heard Sri Babul Kumar Sharma, learned counsel for the applicants and Sri B. P. Maurya, learned AGA for the State-opposite party no.1. 3. This application u/s 482 Cr.P.C. has been preferred with prayer to quash the entire proceeding as well as the prosecution of the applicant in Criminal Case No.14099 of 2023(State Vs. Shahid @ Kariya & Others), arising out of Case Crime No.0024 of 2019, under sections 147, 323, 504, 506, & 452, IPC, Police Station Sadar Bazaar, District Jhansi, pending before the learned Additional Chief Judicial Magistrate, Court No.2, Jhansi, on the basis of compromise. 4. It is contended by learned counsel for the applicants that pursuant to the earlier order dated 07.03.2024, passed by the co-ordinate Bench of this Court, in Application U/s 482 No.1192 of 2024, the applicants and opposite party no.2 have appeared before the court concerned alongwith compromise entered into between the parties and said compromise has already been verified by the learned court concerned and the a report regarding verification of compromise is on record as annexure no.6 to the memo of application. It is further contended that some of the sections are not compoundable, hence the learned Magistrate has not dropped the proceeding of the case against the applicants. Learned counsel for the applicants further prays that in view of the compromise entered into between the applicants and opposite party no.2, the proceeding of the aforesaid case be quashed. Versus Counsel for Applicant(s) : Avnish Kumar Srivastava, Babul Kumar Sharma, Mohammad Anas Raza Counsel for Opposite Party(s) : G.A. Shahid @ Kariya And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
5. On the other hand, learned counsel for the opposite party no.2 and learned AGA for the State have opposed the above submission of learned counsel for the applicants and submitted that some of the sections are not compoundable, hence the learned Magistrate has not dropped the proceeding of the case against the applicants. 6.
Pursuant to the earlier order dated 07.03.2024, passed by the co-ordinate Bench of this Court, in Application U/s 482 No.1192 of 2024, the applicants and opposite party no.2 have appears before the court concerned alongwith compromise entered into between the parties and said compromise has already been verified by the learned court concerned and a report regarding verification of compromise is on record as annexure no.6 to the memo of application. Since some of the sections are not compoundable, hence the learned Magistrate has not dropped the proceeding of the case against the applicant. 7. In view of the fact that applicants and opposite party no.2 have entered into compromise and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise is already on the record and taking note of the law laid down by Hon'ble Supreme Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed, in respect of the applicants. 8. In view of the aforesaid, the entire proceeding as well as the prosecution of the applicant in Criminal Case No.14099 of 2023(State Vs. Shahid @ Kariya & Others), arising out of Case Crime No.0024 of 2019, under sections 147, 323, 504, 506, & 452, IPC, Police Station Sadar Bazaar, District Jhansi, pending before the learned Additional Chief Judicial Magistrate, Court No.2, Jhansi, are hereby quashed. 9. The application u/s 482 Cr.P.C. is hereby allowed. September 17, 2025 VKG A482 No. 40148 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad