AJAJ KHAN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/4365/2021 · 2025-10-28
body2025
DailyLaw.ai
[ 2025 DAILYLAW 172492 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 172492 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 4365 of 2021 Court No. - 74 HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicants, learned counsel for the informant, and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 13.10.2019 pursuant to Criminal Case No.5680 of 2020, arising out of Case Crime No.148 of 2019, U/s 307 I.P.C. and Section 27/30 of Arms Act, 1959, PS Dildar Nagar, District Ghazipur along with cognizance
order dated 13.10.2020 passed by CJM, Ghaipur.
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 23.03.2021 sent the matter to trial court for verification of the parties and compromise application. Trial court vide
order dated 20.11.2024 verified the parties as well as compromise application, the same has been filed in supplementary affidavit. 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 Versus Counsel for Applicant(s) : Javed Khan, Mohammad Javed Counsel for Opposite Party(s) : Ashish Rai, G.A. Ajaj Khan And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
served if the prosecution is allowed to go on. 4. It is stated that present case is a cross case, informant has lodged FIR as Case Crime No.149 of 2019, against the applicants in which both parties have compromised the matter and has filed 482 Cr.P.C. application bearing No.4214 of 2021 to quash the criminal proceedings on account of compromise. The Court by order dated 17.02.2021 has directed the parties to appear before trial court. Counsel submits that parties have been verified in those proceedings. 5. 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. 6. Learned AGA submitted that both the parties have settled their dispute out of the Court, hence, no reason to proceed further. 7. As per verification report dated 20.11.2024, which is filed with supplementary affidavit, applicant Nos.1 and 2, namely, Ajaj Khan and Sabir Khan died before verification. 8. 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. 9. 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. A482 No. 4365 of 2021 2
10. Accordingly, the impugned cognizance order dated 28.02.2020 passed by CJM, Ghaipur in Criminal Case No.1327 of 2020, arising out of Case Crime No.149 of 2019, U/s 452, 323, 427 I.P.C., PS Dildar Nagar, District Ghazipur, is hereby quashed. 11. This application under Section 482 Cr.P.C. is accordingly allowed. October 29, 2025 Nitin Verma A482 No. 4365 of 2021 3 (Deepak Verma,J.) Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad