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2025 DAILYLAW 11334 (ALL)

ASHISH KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/4396/2025 · 2025-03-02

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29854 Court No. - 52 Case :- APPLICATION U/S 482 No. - 4396 of 2025 Applicant :- Ashish Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akash Tyagi,Neha Tyagi Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Tarun Kedar Nath Singh, Advocate appearing on behalf of Mr. Akash Tyagi, learned counsel for the applicants as well as Mr. Mayank Awasthi, learned counsel for the State and perused the material on record. 2. This application u/s 482 has been filed by the applicants with the prayer to quash the Charge Sheet 28/19 dated 05.06.2019 along with Summoning order dated 24.07.2019 and the entire criminal proceeding of Case No.3212 of 2020 (State vs. Ashish Kumar and Others), arising out of Case Crime No.49 of 2019, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Mahila Thana, District- Meerut, pending in the court of Judicial Magistrate/Additional Civil Judge (J.D.), Court No.2, Meerut, on the basis of compromise. 3. Earlier the applicants have approached this Court by means of filing Application U/S 482 No. 33213 of 2019 (Ashish Kumar And 2 Others vs. State of U.P. and Another) wherein vide order dated 02.12.2024, the Court had directed the parties to appear before the court concerned for verification of the compromise. In compliance of the aforesaid order, the statements of parties have been recorded wherein they have stated that they have entered into compromise and no dispute remains between them. Accordingly, the compromise has been verified by the Court of Judicial Magistrate/Additional Civil Judge (J.D.), Court No.2, Meerut vide order dated 18.12.2024. Certified copy of the aforesaid order dated 18.12.2024 has been annexed on page no. 66 of this application. 4. Learned counsel for the applicants submits that since the compromise entered between the parties has been verified by the court below, the entire proceedings of the aforesaid criminal case may be quashed by this Court. 5. Learned A.G.A. for the State also accepts that the parties have entered into a compromise and the copy of the same has also been enclosed along with verification order, he has no objection, if the proceedings in the aforesaid case are quashed. 6. This Court is not unmindful of the following judgements of the Apex Court: (i). B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675, (ii). Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677, (iii). Manoj Sharma Vs. State and Others; (2008) 16 SCC 1, (iv). Gian Singh Vs. State of Punjab; (2012); 10 SCC 303, (v). Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466, 7. 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 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) and Daxaben Vs. State of Gujarat, reported in 2022 SCC Online SC 936 in which the law expounded by the 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 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. 9. Accordingly, the entire criminal proceeding of Case No.3212 of 2020 (State vs. Ashish Kumar and Others), arising out of Case Crime No.49 of 2019, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Mahila Thana, District- Meerut, on the basis of compromise, are hereby quashed. 10. The application is, accordingly, allowed. There shall be no order as to costs. 11. A copy of this order be sent to the lower court forthwith. Order Date :- 3.3.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad