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2025 DAILYLAW 111209 (ALL)

HANIF KHAN AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

A482/43398/2024 · 2025-07-31

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129400 Court No. - 72 Case :- APPLICATION U/S 482 No. - 43398 of 2024 Applicant :- Hanif Khan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ehtesham Afsar Khan Counsel for Opposite Party :- G.A.,Mohd Sauood Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No.9256 of 2019 (State vs. Hanif Khan and others) arising out of Case Crime No.547 of 2015, under Sections 420, 467, 468, 471, 147, 323, 504, 506 I.P.C. with respect to the applicant nos. 1 to 4 and with respect of applicant no.5, under sections 147, 323, 504, 506 I.P.C., Police Station Kotwali, District Bareilly, pending in the Court of Chief Judicial Magistrate, Bareilly in terms of compromise dated 12.11.2024. 3. 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 12.11.2024. 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 04.03.2025 directed the parties to appear before the court below for verification of compromise dated 12.11.2024 (Annexure 3 to the application). The order dated 04.03.2025 is being quoted below:- "Supplementary affidavit filed today is taken on record. Learned counsel for applicants submitted that parties settled their dispute arising out of offence punishable under Sections 420, 467, 468, 471, 147, 323, 504, 506 of I.P.C. with respect to applicant nos. 1 to 4 and under Sections 147, 323, 504, 506 of I.P.C. with respect to applicant no. 5, on the basis of compromise dated 12.11.2024. Certified copy of compromise is annexed as Annexure SA-1 to the supplementary affidavit. 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. Applicants are directed to file supplementary affidavit annexing certified copy of the compromise as well as proceedings of verification of compromise. Put up this case on 19.6.2025, as fresh. Till the next date of listing, further proceedings of Case arising out of Case Crime No. 547 of 2015, under Sections 420, 467, 468, 471, 147, 323, 504, 506 of I.P.C. with respect to applicant nos. 1 to 4 and under Sections 147, 323, 504, 506 of I.P.C. with respect to applicant no. 5, P.S. Kotwali, District Bareilly,, shall remain stayed against the applicants." 4. Pursuant to the said order dated 04.03.2025, 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 22.04.2025 has passed the verification order. A copy of the same is annexed as Annexure SA-1 to the supplementary affidavit. 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 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. 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 proceeding of Case No.9256 of 2019 (State vs. Hanif Khan and others) arising out of Case Crime No.547 of 2015, under Sections 420, 467, 468, 471, 147, 323, 504, 506 I.P.C. with respect to the applicant nos. 1 to 4 and with respect of applicant no.5, under sections 147, 323, 504, 506 I.P.C., Police Station Kotwali, District Bareilly, pending in the Court of Chief Judicial Magistrate, Bareilly is hereby quashed. 8. The application under Section 482 Cr.P.C is accordingly allowed. Order Date :- 1.8.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad