RAVI @ RAVI KUMAR AND 5 OTHERS v. STATE OF U.P. AND 3 OTHERS
A482/44588/2024 · 2025-05-16
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 113206 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 113206 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:82189 Court No. - 52 Case :- APPLICATION U/S 482 No. - 44588 of 2024 Applicant :- Ravi @ Ravi Kumar And 5 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.,Mohd Ajmal Farooqui Hon'ble Mrs. Manju Rani Chauhan,J. Heard Sri Radhey Shyam Prajapati, learned Advocate holding brief of Sri Hitesh Pachori, learned counsel for the applicants, Sri Askhilesh Srivastava, learned AGA for the State, Sri Mohd. Ajmal Farooqui, learned counsel for O.P. Nos. 2, 3 & 4 and perused the record. This application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 16.11.2021, cognizance / summoning order dated 20.12.2021 as well as entire proceedings of Case No. 59227 of 2021, "State of U.P. v. Ravi and others", arising out of Case Crime No. 153 of 2021, under Sections 147, 148, 323, 324, 427, 504 IPC, Police Station Hariparvat, District Agra, pending in the Court of Chief Judicial Magistrate, Agra. Earlier, the applicants filed Application U/s 482 No. 8210 of 2024, Ravi alias Ravi Kumar and 5 others v. State of U.P. and 3 others, wherein a Coordinate Bench of this Court by order dated 09.05.2024 directed the parties to appear before the court concerned for verification of compromise. In compliance of the aforesaid order, compromise has been verified by order dated 10.07.2024 passed order of the court concerned. Certified copy of the said order has been annexed as Annexure-7 to the petition.
Learned counsel for the applicants submits that on account of compromise entered into between the parties concerned, all disputes between them have come to an end, and therefore, further proceedings against the applicants in the aforesaid case is liable to be quashed by this Court. Learned A.G.A. does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, he has no objection in quashing the
impugned criminal proceedings against the applicants. Before proceeding any further it shall be apt to make a brief reference to the following cases:-
1. B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675;
2. Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677;
3. Manoj Sharma Vs. State and Others; (2008) 16 SCC 1;
4. Gian Singh Vs. State of Punjab; (2012); 10 SCC 303; and
5. Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466, In the aforesaid judgments, the 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. & Another; 2013 (83) ACC 278. in which the law expounded by the Apex court in the aforesaid cases has been explained in detail. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute. Accordingly, the charge sheet dated 16.11.2021, cognizance / summoning order dated 20.12.2021 as well as entire proceedings of Case No. 59227 of 2021, "State of U.P. v. Ravi and others", arising out of Case Crime No. 153 of 2021, under Sections 147, 148, 323, 324, 427, 504 IPC, Police Station Hariparvat, District Agra, pending in the Court of Chief Judicial Magistrate, Agra, are hereby quashed. The application is, accordingly, allowed. There shall be no order as to costs. A copy of this order be sent to the lower court forthwith.
Order Date :- 17.5.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad