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2025 DAILYLAW 15203 (ALL)

ANKIT SINGH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/3756/2025 · 2025-02-13

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21829 Court No. - 52 Case :- APPLICATION U/S 482 No. - 3756 of 2025 Applicant :- Ankit Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Sudhakar Shukla, learned counsel for the applicants as well as Mr. Mayank Awasthi, learned AGA for the State and perused the materials on records. 2. This application u/s 482 has been filed by the applicants with the prayer to quash the entire criminal proceeding of Case No.3230 of 2020 (State vs. Ankit Singh and Others), arising out of Case Crime No.534 of 2019, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- George Town, District- Prayagraj as well as stay the further proceeding of the aforesaid case, pending in the court of learned Additional Chief Judicial Magistrate, Court No.7, Allahabad, on the basis of compromise. 3. Earlier an Application U/S 482 No.40953 of 2024 (Ankit Singh And 2 Others vs. State of U.P. and Another ) was filed by the applicants before this Court wherein vide order dated 13.12.2024, 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 learned A.C.J.M.-7, Allahabad vide order dated 06.01.2025. Certified copy of the aforesaid order dated 06.01.2025 has been annexed on page no. 63 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.3230 of 2020 (State vs. Ankit Singh and Others), arising out of Case Crime No.534 of 2019, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- George Town, District- Prayagraj, 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 :- 14.2.2025/Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad