RAJESH PAL SHARMA AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/11033/2023 · 2025-02-26
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18103 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18103 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:27155 Court No. - 78 Case :- APPLICATION U/S 482 No. - 11033 of 2023 Applicant :- Rajesh Pal Sharma And Another Opposite Party :- State Of U.P. & Others Counsel for Applicant :- Dinesh Kumar Singh,Pankaj Sharma,Shravan Kumar Singh Counsel for Opposite Party :- Udayan Nandan,Ashish Pandey,G.A.,Rewti Raman Patel,Satya Prakash Pandey Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Dinesh Kumar Singh, learned counsel for the applicants, Sri Udayan Nandan, learned counsel for the opposite party no.3 and Sri Birendra Pratap Singh,
learned counsel for the State and perused the record.
3. This application under Section 482 Cr.P.C. has been filed by the applicants- Rajesh Pal Sharma and Smt. Nidhi Sharma, with the prayer to allow this application and quash the entire proceeding as well as impugned charge-sheet dated 19.11.2022 & cognizance order dated 29.11.2022 in Case No. 15230 of 2022 (State Vs. Vinay Vishal & others) arising out of Case Crime No. 451 of 2022, under Sections 420, 406, 120-B I.P.C., Police Station Surajpur, District Gautam Budh Nagar, pending in the court of Additional Chief Judicial Magistrate-II, Gautam Budh Nagar, with a further prayer that proceeding of the aforesaid case be stayed during the pendency of the present application.
4. Learned counsel for the applicants argued that the parties have settled the dispute amicably out of court and on the basis of compromise the applicants filed the present Criminal Misc. Application U/S 482 Cr.P.C. before this Court in which an
order for verification of the compromise was passed on 22.01.2025. It is argued that in compliance of the said order, the parties have filed the order of this Court along with compromise application before the concerned court for its verification after which the concerned court has verified the said compromise vide its order dated 30.01.2025, the copy of which is annexed as Annexure-SA-1 to the supplementary affidavit dated 22.02.2025. It is argued that the opposite party no. 3 is not interested to pursue the matter pending in the trial court and is not inclined to give any evidence against the applicants and therefore the impugned proceedings be quashed on the ground of compromise between the parties.
5. Learned counsel for the opposite party no.3 and learned counsel for the State could not dispute the fact that the matter has been amicably settled between the
parties which was duly verified by the concerned trial court.
6. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed.
7. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the entire proceedings of case as prayed for by the applicants.
8. The present application is allowed.
9. The entire proceedings of the said case are hereby quashed.
Order Date :- 27.2.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad