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Neutral Citation No. - 2025:AHC:112474 Court No. - 72 Case :- APPLICATION U/S 482 No. - 42710 of 2024 Applicant :- Sunil Kumar Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Yadav,Karunesh Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant 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 13.08.2024; cognizance/summoning order dated 03.10.2024 as well as entire proceeding of Case No.48646 of 2024, (State Vs. Ishwar Chand @ Pintu Jaiswal & others) arising out of Case Crime No. 008 of 2024, under sections 419, 420, 467, 468, 471 IPC, Police Station: Chauri Chaura, District: Gorakhpur, pending in the court of Chief Judicial Magistrate, Gorakhpur. 3. Learned counsel for the applicant submits that instant F.I.R. has been lodged by the opposite party no. 2 against six named accused persons and thereafter Investigating Officer submitted charge sheet and cognizance and summoning order issued against the accused persons. It is next submitted that during pendency of case, parties amicably settled the dispute out of the court and accused person filed two application under Section 482 No. 42710 of 2024(present application) and 44515 of 2024. In both cases, this Court and the Co-ordinate Bench of this Court vide orders dated 23.05.2025 and 17.05.2025 directed the parties to appear before the court below for verification of compromise. 4. Pursuant to the said orders, the parties appeared before the court below and both the parties were verified through their counsels and after due verification of the contents of the compromise made between the parties, the court vide order dated 01.07.2025 has passed the verification report. A copy of the same is available on record. Thereafter a letter has been transmitted to this Court by the Chief Judicial Magistrate, Gorakhpur. 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 applicant. 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.
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. 7. 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.48646 of 2024, (State Vs. Ishwar Chand @ Pintu Jaiswal & others) arising out of Case Crime No. 008 of 2024, under sections 419, 420, 467, 468, 471 IPC, Police Station: Chauri Chaura, District: Gorakhpur, is hereby quashed. 8. The application under Section 482 CrPC is accordingly allowed. Order Date :- 14.7.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad