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2025 DAILYLAW 12590 (ALL)

ARIF AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/3090/2025 · 2025-02-03

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:15673 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 3090 of 2025 Applicant :- Arif And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mehdi Abbas Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Mehdi Abbas, learned counsel for the applicants and Mr. Amit Singh Chauhan, learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No.2609 of 2024 (New Case No.5064 of 2024) (State Vs. Arif and others), arising out of Case Crime No. 370 of 2022, under Sections 498-A, 323, 504, 506 I.P.C., Police Station Kotwali Shahr Thana, District Bulandshahr, pending in the court of learned Civil Judge (Junior Division), Court No.4, Bulandshahr on the basis of compromise dated 24.10.2024. 3. Earlier an Application u/s 482 No.37806 of 2024 was filed by the applicants wherein this Court vide order dated 02.12.2024 directed the parties to appear before the Court concerned for verification of the compromise. 4. In compliance of the aforesaid order dated 02.12.2024, compromise between the parties has been verified by the Court below vide order dated 20.12.2024 in presence of the parties as well as their respective counsels. Certified copy of the verification order has been annexed on page-66 of the application. The compromise deed as placed before the Court concerned has also been annexed as Annexure-4 to this application. 5. 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. 6. Learned A.G.A. for the State as well as learned counsel for the opposite party no.2 also accept that the parties have entered into a compromise and the copy of the same has also been enclosed along with verification order, they have no objection, if the proceedings in the aforesaid case are quashed. 7. 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, 8. 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. 9. 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. 10. Accordingly, proceedings of Case No.2609 of 2024 (New Case No.5064 of 2024) (State Vs. Arif and others), arising out of Case Crime No. 370 of 2022, under Sections 498-A, 323, 504, 506 I.P.C., Police Station- Kotwali Shahr Thana, District Bulandshahr, pending in the court of learned Civil Judge (Junior Division), Court No.4, Bulandshahr on the basis of compromise dated 24.10.2024, are hereby quashed. 11. The application is, accordingly, allowed. There shall be no order as to costs. Order Date :- 4.2.2025/Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad