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2025 DAILYLAW 191634 (ALL)

ASHOK AND OTHERS v. State of U.P. AND ANOTHER

A482/19589/2024 · 2025-10-15

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 19589 of 2024 Court No. - 82 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party no. 2, learned counsel for the State and perused the records. 2. The present application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the impugned charge sheet no. 173 of 2021 dated 13.07.2021 as well as cognizance order dated 09.11.2021 and entire criminal proceedings of Criminal Case No. 12097 of 2021 arising out of Case Crime No. 201 of 2021, under Sections 308, 323, 504 I.P.C., Police Station Acchnera, District Agra, pending before the Court of Special Chief Judicial Magistrate, Agra. 3. Learned counsel for the applicants states that an order was passed by a co-ordinate Bench of this Court on 04.09.2024, directing the applicants to file the compromise deed before the court concerned which was to be verified by the court concerned. In pursuance of the said order, the court concerned vide order dated 19.09.2024 verified the said compromise. Copy of the same is on record. The same is not disputed by learned counsel for the opposite party no.2. 4. 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) Versus Counsel for Applicant(s) : Chandra Bhushan Prasad Counsel for Opposite Party(s) : Firoz Ahmad Khan, G.A. Ashok And Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 5. 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, charge sheet as well as cognizance order as prayed for by the applicants. 6. The present application is allowed. 7. The entire proceedings, charge sheet as well as cognizance order of the aforesaid case are hereby quashed. October 16, 2025 Manoj A482 No. 19589 of 2024 2 (Tej Pratap Tiwari,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad