UMESH KUMAR AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
A482/43250/2024 · 2025-05-14
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111288 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111288 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:79965 Court No. - 84 Case :- APPLICATION U/S 482 No. - 43250 of 2024 Applicant :- Umesh Kumar And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajnath Ydav Counsel for Opposite Party :- Kamalendra Kumar Maurya,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 entire proceeding of the Case No. 5190 of 2022, (State versus Umesh Kumar and others), arising out of Case Crime No. 332 of 2021, under Sections-147, 149,323, 504,506, 427 I.P.C, Police Station-Saini, District-Kaushambi, pending before Ld. Chief Judicial Magistrate, Kaushambi and charge sheet dated 28.12.2021 and cognizance/summoning order dated 07.10.2022. 4. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Injuries are simple in nature. 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 03.01.2025 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 02.04.2025 verified the parties as well as compromise application. Verified compromise deed has been filed by way of filing supplementary affidavit. 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. 5. 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. 6.
Learned AGA submitted that both the parties have settled their dispute out of the Court, hence, no reason to proceed further. 7. 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. 8. 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. 9. Accordingly, the impugned cognizance/summoning order dated 07.10.2022, entire proceeding of the Case No. 5190 of 2022, arising out of Case Crime No. 332 of 2021, under Sections-147, 149,323, 504,506, 427 I.P.C, Police Station-Saini, District- Kaushambi, pending before Ld. Chief Judicial Magistrate, Kaushambi, is hereby quashed. 10. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 15.5.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad