Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 109661 (ALL)

SAMIULLAH NAD 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/43979/2024 · 2025-08-04

Deepak Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:131646 Court No. - 72 Case :- APPLICATION U/S 482 No. - 43979 of 2024 Applicant :- Samiullah Nad 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Azhar Hussain Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Mohd.Gufran, Advocate, holding brief of Azhar Hussain, learned counsel for the applicants, learned A.G.A. for the State and perused the record. 3. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No.1244 of 2012 (State vs. Samiullah and others) arising out of Case Crime No.174 of 2012, under Section 386 I.P.C., Police Station Kotwali City, District Mirzapur, pending in the court of Chief Judicial Magistrate, Mirzapur, in terms of compromise dated 19.04.2025. 4. Instant application has filed to quash the proceeding on account of compromise entered between the parties. Learned counsel for the applicants submits that the applicants and opposite party no.2 have amicably settled the dispute out of Court in terms of compromise dated 19.04.2025. It is next submitted that the applicants filed 482 application before this Court to quash the proceedings as both the parties have amicably settled the dispute out of the court. This Court vide order dated 07.03.2025 directed the parties to appear before the court below for verification of compromise dated 19.04.2025 (Annexure SA-2 to the supplementary affidavit). The order dated 07.03.2025 is being quoted below:- "Supplementary affidavit filed today is taken on record. Learned counsel for both the parties jointly submitted that parties settled their dispute arising out of offence punishable under Sections 386 of I.P.C. on the basis of compromise dated 08.07.2024. Certified copy of compromise is annexed as S.A. No. 1 to the supplementary affidavit filed today. Office is directed to send the same to court concerned for verification immediately after retaining a photocopy of the same. Both the parties are directed to appear before the court concerned for verification of compromise within six weeks from today. Court concerned is directed to verify the same. Applicant is directed to file supplementary affidavit annexing certified copy of the compromise as well as proceedings of verification of compromise. Put up this case on 24.06.2025 as fresh. Till the next date of listing, further proceedings of Case No. 1244 of 2012, State Vs. Samiullah and others arising out of Case Crime No. 174 of 2012 under Section 386 I.P.C., P.S. Kotwali City, District Mirzapur, pending in the Court of learned Chief Judicial Magistrate, Mirzapur shall remain stayed against the applicant." 5. Pursuant to the said order dated 07.03.2025, the parties appeared before the court below and after due verification of the parties and contents of the compromise made between them, the court below vide order dated 19.04.2025 has passed the verification order. A copy of the same is annexed as Annexure SA-2 to the supplementary affidavit. 6. 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 do 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. 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 proceeding of Criminal Case No.1244 of 2012 (State vs. Samiullah and others) arising out of Case Crime No.174 of 2012, under Section 386 I.P.C., Police Station Kotwali City, District Mirzapur, pending in the court of Chief Judicial Magistrate, Mirzapur, is hereby quashed. 9. The application under Section 482 Cr.P.C is accordingly allowed. Order Date :- 5.8.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad