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2025 DAILYLAW 19027 (ALL)

FAHEEM AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/11022/2021 · 2025-10-12

Deepak Verma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 11022 of 2021 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 as well as learned A.G.A. for the State and perused the record. 2. The instant application has been filed by the applicants with a prayer to quash the entire proceedings of S.T. No. 28 of 2018 (State Vs. Faheem & Ors.;) arising out of Case Crime No. 258 of 2015, under Sections 452, 354, 506 I.P.C. and Section 7/8 of P.O.C.S.O. Act, P.S. Amroha Nagar, District J.P. Nagar, pending in the Court of learned Additional District & Sessions Judge/P.O.C.S.O. Act, Court No. 1, Amroha. 3. Learned counsel for the applicants submits that instant application has filed to quash the proceeding pending against the applicants on account of compromise entered between the parties. The compromise deed is filed as Annexure 7 to the application. This Court vide order dated 11.08.2021 directed the parties to appear before the court below for verification of compromise dated 11.08.2021 (Annexure 7 to the affidavit). The order dated 11.08.2021 is being quoted below:- "Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused Versus Counsel for Applicant(s) : Salma Bano, Surendra Prasad Mishra Counsel for Opposite Party(s) : G.A. Faheem And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the record. The instant application has been filed by the applicants with a prayer to quash the entire proceedings of S.T. No. 28 of 2018 (State Vs. Faheem & Ors.;) arising out of Case Crime No. 258 of 2015, under Sections 452, 354, 506 I.P.C. and Section 7/8 of P.O.C.S.O. Act, P.S. Amroha Nagar, District J.P. Nagar, pending in the Court of learned Additional District & Sessions Judge/P.O.C.S.O. Act, Court No. 1, Amroha. The submission of learned counsel for the applicant is that through good offices of certain well-meaning persons the parties have amicably settled the dispute among themselves and have mutually compromised in the matter. According to the counsel there is no dispute left out any more in between the parties and they wish no more litigation in between them. The contention of the counsel for the applicant is that as the opp. party no.2 is not interested to pursue the matter pending in the lower court and is not inclined to give any evidence against the accused, the acquittal of the accused-applicant is now a foregone conclusion. It shall be a sheer abuse of the court's process, if the proceedings going on in the lower court are still allowed to go on further. Submission therefore is that in the wake of the inter-se compromise arrived at in between the parties, the impugned proceedings ought to be dropped. The counsel for the complainant too expressed his complete agreement with the submissions made on behalf of the accused-applicant and in so many words has urged before the Court that the opposite party no.2 has no objection. If any compromise is filed before trial court concerned, the same shall be verified in presence of both the parties and after its verification by the court concerned, certified copy of compromise along with verification order of trial A482 No. 11022 of 2021 2 court concerned, be filed on record of this Court, by way of supplementary affidavit, by either of the parties on or before the next date fixed. List this case on 27.09.2021 in the additional cause list before the appropriate Bench for orders." 4. Pursuant to the said order dated 11.08.2021, parties appeared before the court below and trial court verified and identified the parties through their counsels. Verification report dated 31.08.2021 has been forwarded to this Court by Judicial Magistrate, Amroha and same is available on record. 5. Learned counsel for the applicants has submitted that the applicants and opposite party no.2 have settled their private and civil dispute through compromise and as such opposite party no.2 do 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. 6. In view of the facts and circumstances of the case, the applicants and opposite party no.2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further. 7. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceeding of S.T. No. 28 of 2018 (State Vs. Faheem & Ors.;) arising out of Case Crime No. 258 of 2015, under Sections 452, A482 No. 11022 of 2021 3 354, 506 I.P.C. and Section 7/8 of P.O.C.S.O. Act, P.S. Amroha Nagar, District J.P. Nagar, pending in the Court of learned Additional District & Sessions Judge/P.O.C.S.O. Act, Court No. 1, Amroha is hereby quashed. 8. The application under Section 482 Cr.P.C. is accordingly allowed. October 13, 2025 Sanjeet A482 No. 11022 of 2021 4 (Deepak Verma,J.) Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad