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Neutral Citation No. - 2025:AHC:132354 Court No. - 72 Case :- APPLICATION U/S 482 No. - 44589 of 2024 Applicant :- Subahan And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A.,Rajesh Kumar Verma 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, learned A.G.A. for the State and perused the record.
3. The present 482 Cr.P.C. application has been filed to quash the charge-sheet No.234 of 2021 dated 11.07.2021, cognizance/summoning order dated 14.06.2022, non-bailable warrant dated 22.08.2024 as well as entire proceedings of Case No.3444 of 2022 (State vs. Subhan and others) arising out of Case Crime No.214 of 2021, under Sections 147, 504, 323, 506 I.P.C., Police Station Premnagar, District Bareilly, pending in the court of Additional Chief Judicial Magistrate, Bareilly, in terms of compromise dated 27.11.2024.
4. 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 27.11.2024. 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 10.01.2025 directed the parties to appear before the court below for verification of compromise dated 27.11.2024 (Annexure 3 to the affidavit). The
order dated 10.01.2025 is being quoted below:-
"Learned counsel for both the parties jointly submitted that parties settled their dispute arising out of offence punishable under Sections 147, 323, 504, 506 of I.P.C. on the basis of compromise dated 27.11.2024. The original compromise is annexed as paper book at page nos. 57 to 59. Office is directed to send the same to court concerned for verification immediately, which is paper book at page nos. 57 to
59, 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. The court concerned is directed to verify the same. The 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 22.05.2025 as fresh. Till the next date of listing, further proceedings of Case No. 3444 of 2022, arising out of Case Crime No. 214 of 2021, P.S. Prem Nagar, District-Bareilly, shall remain stayed against the applicants."
5. Pursuant to the said order dated 10.01.2025, 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 23.01.2025 has passed the verification order. A copy of the same is annexed as Annexure SA-1 to the supplementary affidavit. 6. 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. 7. 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. 8. 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.3444 of 2022 (State vs. Subhan and others) arising out of Case Crime No.214 of 2021, under Sections 147, 504, 323, 506 I.P.C., Police Station Premnagar, District Bareilly, pending in the court of Additional Chief Judicial Magistrate, Bareilly, is hereby quashed. 9. The application under Section 482 Cr.P.C is accordingly allowed.
Order Date :- 6.8.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad