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2025 DAILYLAW 16952 (ALL)

SANJAY SADH @ CHHOTE ABBU AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/9290/2022 · 2025-05-20

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85393 Court No. - 84 Case :- APPLICATION U/S 482 No. - 9290 of 2022 Applicant :- Sanjay Sadh @ Chhote Abbu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar,Brijesh Kumar Pandey,Samsher Chandra Tripathi Counsel for Opposite Party :- Ashish Kumar Singh,Rudra Pratap Singh Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, learned counsel for the informant/opposite party no. 2, and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the Charge sheet no. 02 dated 09.11.2020, under Sections 323, 504, 506, 427, 325, 324 I.P.C. arising out of Case Crime No. 262 of 2020, Police Station- Link Road, District- Ghaziabad and to quash the order dated 09.12.2021 passed by Additional Session Judge, Court no. 9, Ghaziabad as well as to quash the entire proceedings of Session Trail No. 338 of 2021, under Sections 308/34, 323/34, 325/34, 427, 504, 506 IPC, (State Vs. Sanjay Sadh and others), pending before Additional Session Judge, Court No. 9, Ghaziabad. 3. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicant approached this Hon'ble Court by filing this 482 application with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 03.01.2025 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 06.03.2025 verified the parties as well as compromise application. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 have settled through compromise their private and civil dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicants. Opposite party no.2 is 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. 4. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed. 5. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 6. The Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble 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. and another [2013 (83) ACC 278], in which, law expounded by the Hon'ble Apex Court in the aforesaid cases has been explained in detail. 7. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case. 8. Accordingly, the proceedings of Session Trial No. 338 of 2021 (State Vs. Sanjay Sadh and others), arising out of Case Crime No. 262 of 2020, under Sections 308/34, 323/34, 325/34, 427, 504, 506 of I.P.C., Police Station- Link Road, District Ghaziabad, pending in the Court of Additional Sessions Judge, Court No. 9, Ghaziabad, are hereby quashed. 9. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 21.5.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad