NAWAB KHAN AND 6 OTHERS v. STATE OF U.P. AND ANOTHER
A482/43024/2024 · 2025-08-04
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111221 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111221 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:131697 Court No. - 72 Case :- APPLICATION U/S 482 No. - 43024 of 2024 Applicant :- Nawab Khan And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- Anuj Kumar Srivastava,G.A. Hon'ble Deepak Verma,J.
1. Supplementary affidavit filed today, is taken on record.
2. Heard learned counsel for the applicants, learned counsel for the informant, and learned A.G.A. for the State.
3. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 23.05.2022, cognizance order dated 12.01.2023 as well as the entire proceedings of Case No. 399 of 2023 (State of U.P. Vs. Nawab Khan and Others), arising out of Case Crime No. 112 of 2022, under Sections 147, 452, 323, 504, 506 of I.P.C., P.S. Babina, District- Jhansi, pending in the Court of learned Judicial Magistrate, Court No.2, Jhansi, on the basis of compromise between the parties.
4. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicant approached this Hon'ble Court by filing this 482 application with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide
order dated 07.03.2025 passed following order:-
"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 147, 452, 323, 504, 506 of I.P.C. on the basis of compromise dated 06.01.2025. Original copy of compromise is annexed as Annexure No. S.A.1 to the supplementary affidavit dated 06.03.2025. 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. 399 of 2023, arising out of Case Crime No. 112 of 2022 under Sections 147, 452, 323, 504, 506 of I.P.C., State of U.P. Vs. Nawab Khan and Others, P.S. Babina, District Jhansi pending in the Court of learned Judicial Magistrate, Court No.2, Jhansi shall remain stayed against the applicants. "
5. In pursuance of order of this Court dated 07.03.2025, the Trial court vide order dated 04.06.2025/10.06.2025 verified the parties as well as compromise application through their counsels. Trial Court has sent the verification report dated 04.06.2025/10.06.2025 to this Court through its letter dated 11.06.2025, which is available on record. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 have settled through compromise their private and civil dispute and as such opposite party no.2 does 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. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed. 7.
Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 8. 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. 9. 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. 10. Accordingly, the impugned charge sheet dated 23.05.2022, cognizance order dated 12.01.2023 as well as the entire proceedings of Case No. 399 of 2023 (State of U.P. Vs. Nawab Khan and Others), arising out of Case Crime No. 112 of 2022, under Sections 147, 452, 323, 504, 506 of I.P.C., P.S. Babina, District- Jhansi, pending in the Court of learned Judicial Magistrate, Court No.2, Jhansi, are hereby quashed. 11. This application under Section 482 Cr.P.C. is accordingly allowed.
Order Date :- 5.8.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad