VINOD TIWARI AND 2 OTHERS v. State of U.P. AND ANOTHER
A482/40181/2024 · 2025-07-13
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 108330 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 108330 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:112057 Court No. - 72 Case :- APPLICATION U/S 482 No. - 40181 of 2024 Applicant :- Vinod Tiwari And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Upadhyay Counsel for Opposite Party :- 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 29.04.2006 and set aside the order dated 18.09.2024 passed by the Additional Session Judge, Court No.1, Chandauli in Session Trial No.325 of 2007 (State Vs. Vinod Tiwari and others), arising out of Case Crime No.C-9 of 2006, under Sections- 323, 504, 325, 308 I.P.C., Police Station- Chakiya District- Chandauli, pending in the court of Additional Session Judge, Court No.1, Chandauli.
3. Learned counsel for the applicants submitted that applicants are innocent and have been falsely implicated in the present case.
Learned counsel for the applicants next submitted that the parties have amicably settled the dispute out of Court. Learned counsel for the applicants next submits that there is one injured and injury received by the injured is grievous in nature but parties have amicably settled the dispute out of Court in presence of senior members of the society. Instant compromise has entered between the parties after settlement of P.W.-1 and P.W.-2. Applicants have not made any pressure to compromise the matter. Since parties have willfully compromised the matter, they filed present application to quash the proceeding in terms of compromise. Applicants and opposite party no.2 both moved compromise application before trial court, Appellate Court by order dated 18.09.2024 rejected the compromise application on account of being no jurisdiction to compound the offence in aforesaid offences. This Court by order dated 20.01.2025 has passed the following orders:-
"Learned counsel for both the parties jointly submitted that parties have settled their disputes with regard to the offences punishable under Sections 323, 504, 325, 308 of IPC on the basis of
compromise dated 26.07.2023. The certified copy of compromise is on record. The parties are directed to appear before the Trial Court within six weeks days from today. The Trial Court is directed to verify the compromise dated
26.07.2023. Applicants are directed to file certified copy of the compromise as well as verification proceedings to this Court by the next date of listing. Put up this case on 26.05.2025, as fresh. Till the next date of listing, further proceedings of Sessions Trial No. 325 of 2007 (State v. Vindo Tiwari and Others), arising out of Case Crime No. C-9 of 2006, under Sections 323, 504, 325, 308 of IPC, Police Station Chakiya, District Chandauli, pending in the court of Additional Sessions Judge, Court No.1, Chandauli, shall remain stayed against the applicants."
4. Learned counsel for the applicants next submits that in pursuance of this Court's order 20.01.2025, parties appeared before trial court and trial court on 19.05.2025 verified the parties through their counsels. Verification report is filed through supplementary affidavit, which is on record. Learned counsel for the applicants submits that opposite party no.2 has filed counter affidavit in which he has specifically stated in Para-3 that on 26.07.2024, a compromise has been taken place between both the parties.
A compromise took place in presence of several respective persons of the locality with their own consent and free will without any pressure. In para-4 of the counter affidavit, it has been stated that victim/injured of this case have settled their matter on their own free will, without any compulsion they entered into a compromise. Opposite party no.2 does not want to pursue the case further and proceeding be quashed in terms of compromise. 5. Learned counsel for the opposite party no.2 has not disputed the
facts argued by counsel for the applicant.
6. Learned AGA submitted that both the parties have settled their dispute out of the Court, hence, no reason to proceed further.
7. 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.
8. 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.
9. Accordingly, the impugned criminal proceeding in Session Trial No.325 of 2007 (State Vs. Vinod Tiwari and others), arising out of Case Crime No.C-9 of 2006, under Sections- 323, 504, 325, 308 I.P.C., Police Station- Chakiya District- Chandauli, pending in the court of Additional Session Judge, Court No.1, Chandauli, is hereby quashed.
10. This application under Section 482 CrPC is accordingly allowed.
Order Date :- 14.7.2025/SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad