YAKUB ALIAS MOHAMMAD YAKUB AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/42503/2024 · 2025-05-04
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 110686 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 110686 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:71689 Court No. - 52 Case :- APPLICATION U/S 482 No. - 42503 of 2024 Applicant :- Yakub Alias Mohammad Yakub And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- Shubham Kumar,G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Ullas Pandey, Advocate holding brief of Mr. Ashish Goyal, learned counsel for the applicants, Mr. Akash Gurg, Advocate holding brief of Mr. Shubham Kumar, learned counsel for the opposite party no.2, Mr. Mayank Awasthi, learned counsel for the State and perused the records.
2. The present application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of S.T. No.2378 of 2024 (State vs. Yakub @ Mohammad Yakub others), arising out of Case Crime No.151 of 2024, under Sections 323, 504, 506 I.P.C., Police Station-Linepar, District-Firozabad, pending before the court of Special Judge (S.C./S.T. Act), Firozabad on the basis of compromise.
3. Earlier on 11.12.2024, the following order was passed:-
"1. Sri Shubham Kumar, learned Advocate has filed his memo of appearance and short counter affidavit on behalf of the opposite party No. 2, which are taken on record.
2. Office is directed to print the name of Sri Shubham Kumar, Advocate as
learned counsel for the opposite party No. 2, whenever the case is listed next. 3. Heard learned counsel for the applicants, learned counsel for the opposite party No. 2, learned A.G.A. for the State respondent and perused the record on Board. 4. It is submitted that during pendency of the criminal proceedings, both the parties have amicably settled their dispute out of the Court and arrived at compromise. At present, both the parties have buried the hatchet and they have no grudge against each other. Therefore, instant application may be allowed and the criminal proceedings may be quashed on the basis of the compromise. 5. Learned counsel for opposite party No. 2 has nodded the submissions as advanced by the learned counsel for the applicant and admitted the factum of
the compromise took place between the parties. It is next contended that in changed circumstances, opposite party No. 2 is not inclined to prosecute the present applicants and, therefore, instant application may be allowed and entire criminal proceedings may be quashed on the basis of compromise. 6. In this conspectus, as above, both the parties are hereby directed to appear before the court below on 6/7.01.2025 to get their compromise verified. Learned court concerned, in turn, shall verify the same in the presence of both the parties after recording their statements and submit his verification report before this Court within a period of two month from the date of appearance of the parties. 7. It is made clear that at the time of verification of compromise application, learned court concerned shall also verify the fact as to whether complainant/victim has received any compensation amount from the State under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 or not. If so received, the same shall be made good and deposited/returned in Government exchequer. The court concerned shall call for a report from the concerned District Social Welfare Officer as to whether received compensation amount has been deposited/returned by the victim or not. 8. List this matter on 24.03.2025 along with verification report submitted by the court concerned, if any. 9. Till the next date of listing, further proceedings in Session Trial No.2378 of 2024 (State Vs.
Yakub @ Mohammad Yakub and others), arising out of Case Crime No.151 of 2024, under Sections 323, 504, 506 IPC and Section 3(1)Da, Dha S.C./S.T. Act, Police Station Linepar, District Firozabad, pending in the court of Special Judge, SC/ST Act, Firozabad, shall remain stayed. "
4. In compliance of the aforesaid order, a report regarding verification of compromise deed has been placed on record as is evident from the office report dated 05.05.2025. A letter of the Special Judge (S.C./S.T. Act), Firozabad dated 24.02.2025 has been placed alongwith certified copy of order dated 30.01.2025 vide which compromise has been verified in the presence of the parties alongwith their respective counsels. The District Social and Welfare Officer, Firozabad has placed a report that victim compensation has not been given. The District Magistrate as well as District Social and Welfare Officer, Firozabad are directed to ensure the compensation to the victim as they have entered into a compromise. 5. Learned counsel for the applicants submits that on account of compromise entered into between the parties concerned, all disputes between them have come to an end, and therefore, further proceedings against the applicant in the aforesaid case is liable to be quashed by this Court. 6. Learned A.G.A. for the State does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, they have no objection in quashing the impugned criminal proceedings against the applicants. 7. Before proceeding any further it shall be apt to make a brief reference to the following cases:-
1. B.S. Joshi and others Vs. State of Haryana and Another;
(2003)4 SCC 675,
2. Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677,
3. Manoj Sharma Vs. State and Others; (2008) 16 SCC 1,
4. Gian Singh Vs. State of Punjab; (2012); 10 SCC 303,
5. Narindra Singh and others Vs.
State of Punjab; ( 2014) 6 SCC 466,
8. In the aforesaid judgments, the 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. & Another; 2013 (83) ACC 278. in which the law expounded by the 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 the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute. 10. Accordingly, the proceeding of S.T. No.2378 of 2024 (State vs. Yakub @ Mohammad Yakub others), arising out of Case Crime No.151 of 2024, under Sections 323, 504, 506 I.P.C., Police Station-Linepar, District-Firozabad, pending before the court of Special Judge (S.C./S.T. Act), Firozabad is hereby quashed. 11. The application is, accordingly, allowed. There shall be no
order as to costs.
12. It is always open to the parties to approach before this Court in
case verification has been done by playing fraud.
13. A copy of this order be sent to the lower court forthwith.
Order Date :- 5.5.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad