NAIPAL SINGH AND 3 OTHERS v. State of U.P. AND ANOTHER
A482/34856/2024 · 2025-10-16
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DailyLaw.ai
[ 2025 DAILYLAW 192780 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 192780 (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. - 34856 of 2024 Court No. - 82 HON'BLE TEJ PRATAP TIWARI, J.
1. Heard Sri Bachan Singh, learned counsel for the applicants, Sri Abhishek Shukla, Advocate holding brief of Sri Amit Kumar Yadav,
learned counsel for the opposite party no. 2, learned A.G.A. for the State- opposite party no.1 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 charge-sheet dated 10.02.2021, cognizance order dated 19.07.2021 as well as entire consequential proceedings of Case Crime No.0109 of 2020, under Sections 452, 323, 504, 506, 308 I.P.C., P.S. Chakeri, District Kanpur Nagar, pending in the court of Additional Civil Judge (S.D.)-6, Kanpur Nagar.
3. Learned counsel for the applicants states that an order was passed by a co-ordinate Bench of this Court vide order dated 02.12.2024 directing the applicants to file the said compromise deed before the court concerned which was to be verified by the court concerned. In pursuance of the said
order, the Additional Civil Judge (S.D.)-6, Kanpur Nagar vide order dated 22.01.2025 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 Versus Counsel for Applicant(s) : Bachan Singh, Vimal Kumar Pandey Counsel for Opposite Party(s) : Amit Kumar Yadav, G.A., Ritu Singh Naipal Singh And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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.
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 proceedings, charge sheet as well as cognizance order as prayed for by the applicant(s).
6. The present application is allowed.
7. The entire proceeding, charge sheet as well as cognizance order of the aforesaid case are hereby quashed. October 17, 2025 Radhika A482 No. 34856 of 2024 2 (Tej Pratap Tiwari,J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad