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2025 DAILYLAW 11975 (ALL)

CHANDRAKANT RAI ALIAS RUPESH SINGH AND ANOTHER v. STATE OF U.P. AND 5 OTHERS

A482/2660/2025 · 2025-09-03

Deepak Verma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 2660 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants, learned counsel for the informant, 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 charge-sheet dated 28.11.2021, cognizance/summoning order dated 03.01.2022 as well as entire proceedings of Sessions Trial No.03 of 2022 (State vs. Rupesh alias Chandrakant and others) arising out of Case Crime No.142 of 2021, under Sections 323, 504, 307, 341, 452, 427, 34 I.P.C., Police Station Kachhawan, District Mirzapur, pending in the court of Additional Sessions Judge, Court no.3, Mirzapur. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. Instant application has filed to quash the proceeding as parties have settled the dispute out of court in terms of compromise dated 07.12.2024. Learned counsel for the applicants next submits that informant/opposite party nos.2 to 6 do not want to pursue the case 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 02.04.2025 directed the parties to appear before the court below for verification of compromise dated 07.12.2024 (Annexure 7 to the affidavit). The order dated 02.04.2025 is being quoted below:- "1. Heard Sri Ashish Pandey, Advocate holding brief of Sri S.P. Pandey, learned counsel for the applicants, Sri Pradeep Kumar Jaiswar, learned A.G.A. for the State- O.P. no.1 and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed for quashing charge sheet dated 28.11.2021, summoning/cognizance order dated 03.01.2022 as well as the entire proceedings of Sessions Trial No.03 of 2022 (State vs. Rupesh @ Chandrakant and others) arising out of Case Crime No.142 of 2021, under Section 323, 504, 307, 341, 452, 427, 34 IPC, Police Station-Kachhawan, District-Mirzapur Versus Counsel for Applicant(s) : Satya Prakash Pandey Counsel for Opposite Party(s) : G.A., Raj Kishor Pandey Chandrakant Rai Alias Rupesh Singh And Another .....Applicant(s) State Of U.P. And 5 Others .....Opposite Party(s) pending in the Court of Additional Sessions Judge, Court no.3, District-Mirzapur. 3. 3. It is submitted by learned counsel for the applicants that the parties have amicably settled their dispute outside the Court and the opposite party nos.2 to 6 does not want to prosecute the applicants. The compromise has taken place between them on 07.12.2024 and the compromise deed has been annexed as Annexure-7 to the affidavit filed in support of the application. 4. Learned A.G.A. stated that he has no objection if the matter is settled in terms of compromise. 5. In view of above facts, the parties shall file an application along with the compromise deed before the concerned Court below and appear before the Court concerned for verification of the compromise in the 3rd week of April, 2025. On receiving the said application, the Court below shall take steps for verification of the compromise and shall prepare a verification report. The concerned Court shall send the verification report to this Court, which may be placed in the file. 6. Put up this matter as fresh on 05.05.2025 along with report of Court below. 7. Till the next date of listing, no coercive action shall be taken against the applicant, in the aforesaid case." 4.Pursuant to the said order dated 02.04.2025, 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 05.05.2025 has passed the verification order. A copy of the same is available on record. Verification report dated 05.05.2025 has forwarded to this Court by order dated 05.05.2025, is also available on record. 5. Learned counsel for the applicants has submitted that the applicants and opposite party nos.2 to 6 have settled their private and civil dispute through compromise and as such opposite party nos.2 to 6 do not wish to press the aforesaid case against the applicants. Opposite party nos.2 to 6 are 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 nos.2 to 6 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 A482 No. 2660 of 2025 2 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 Sessions Trial No.03 of 2022 (State vs. Rupesh alias Chandrakant and others) arising out of Case Crime No.142 of 2021, under Sections 323, 504, 307, 341, 452, 427, 34 I.P.C., Police Station Kachhawan, District Mirzapur, pending in the court of Additional Sessions Judge, Court no.3, Mirzapur. pending in the court of Additional Sessions Judge, Court no.3, Mirzapur, is hereby quashed. 8. The application under Section 482 Cr.P.C is accordingly allowed. September 4, 2025 SKD A482 No. 2660 of 2025 3 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad