ENAM ALIAS GUDDU ALIAS ENAMULLAH AHAMED AND 2 OTHERS v. State of UP AND ANOTHER
A482/149/2024 · 2025-01-22
body2025
DailyLaw.ai
[ 2025 DAILYLAW 188038 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 188038 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:11737 Court No. - 78 Case :- APPLICATION U/S 482 No. - 149 of 2024 Applicant :- Enam Alias Guddu Alias Enamullah Ahamed And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Madan Mohan Srivastava Counsel for Opposite Party :- G.A.,Sanjay Srivastava Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Madan Mohan Srivastava, learned counsel for the applicants, Sri Sanjay Srivastava, learned counsel for the opposite party no.2 and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material brought on record. 3. This application under Section 482 Cr.P.C. has been filed by the applicants- Enam Alias Guddu Alias Enamullah Ahamed, Ekram @ Babaloo and Chheetan @ Sarfuddin, with the prayer to allow this application and quash the entire proceeding Criminal Case No. 16677 of 2022 (State Vs. Enam alias Guddu and others) arising out of Case Crime No. 69 of 2005, under Sections 379, 341, 506, 511, 411 I.P.C. and 3 (2) 5 Prevention of Damage to Public Property Act, 1984, Police Station Jahanaganj, District Azamgarh, pending in the court of Additional Chief Judicial Magistrate, Court No.12, Azamgarh, in terms of compromise dated 20.07.2023 held between the applicants and O.P. No.2, with a further prayer that proceeding of the aforesaid case be stayed against the applicants 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. No. 34281 of 2023 (Enam Alias Guddu Alias Enamullah Ahamed and Another Vs. State of U.P. and Another) in which an order for verification of the compromise was passed on 15.09.2023, the copy of the said order is annexed as Annexure-11 to the affidavit. It is argued that in compliance of the said order the parties have filed compromise dated 20.07.2023 before the concerned court for its verification after which the concerned court has verified the said compromise vide its order dated 23.11.2023, the copy of which is annexed as Annexure-13 to the affidavit. It is argued that the opposite party no.
2 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 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 :- 23.1.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad