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2025 DAILYLAW 112998 (ALL)

GIRDHARI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/44376/2024 · 2025-07-20

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:118190 Court No. - 72 Case :- APPLICATION U/S 482 No. - 44376 of 2024 Applicant :- Girdhari And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar,Satyam Chaurasiya Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, Sri Utsav, 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.9818 of 2024 (State Vs.Girdhari and others) arising out of Case Crime No.348 of 2018, under Sections 323, 504, 506 I.P.C., Police Station Sevrahi, District Kushinagar, pending in the Court of Civil Judge/Judicial Magistrate (F.T.C.-1), Kushinagar at Padrauna on the basis of compromise dated 25.10.2024. 3. Learned counsel for the applicants submits that the applicants and opposite party no.2 have amicably settled the dispute out of Court and they have compromised the matter in presence of respectable persons of the society and does not want to proceed against the applicants. 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 21.02.2025 directed the parties to appear before the court below within six weeks for verification of compromise dated 25.10.2024 (Annexure 3 to the application). The order dated 21.02.2025 is being quoted below:- "On the perusal of the compromise dated 25.10.2024 it appears that the parties settled their dispute with regard to offence punishable under Sections 323, 504, 506, 354 of I.P.C. Certified copy of the compromise has been filed as Annexure-3 to the affidavit. Both the parties are directed to appear before the court concerned within six weeks from today for verification. Court concerned is directed to verify the same. Applicants are directed to file supplementary affidavit annexing therewith certified copy of the verified compromise as well as verification proceedings. Put up this case as fresh on 16.6.2025. Till the next date of listing, further proceedings of Case No. 9818 of 2024 (State Vs. Girdhari and others), arising out of Case Crime No. 348 of 2018, under Sections 323, 504, 506, 354 of I.P.C., Police Station- Sevrahi, District Kushinagar, pending in the Court of Civil Judge (Junior Division)/F.T.C.-1st, Kushinagar at Padrauna shall remain stayed against the applicants." 4. Pursuant to the said order dated 21.02.2025, the parties appeared before the court below and after due verification of the parties and contents of the compromise made between them, the court vide order dated 03.04.2025 has passed the verification order. A copy of the same is annexed as Annexure-SA-1 with 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 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. 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.9818 of 2024 (State Vs.Girdhari and others) arising out of Case Crime No.348 of 2018, under Sections 323, 504, 506 I.P.C., Police Station Sevrahi, District Kushinagar, pending in the Court of Civil Judge/Judicial Magistrate (F.T.C.-1), Kushinagar at Padrauna, is hereby quashed. 8. The application under Section 482 Cr.P.C is accordingly allowed. Order Date :- 21.7.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad