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2025 DAILYLAW 193645 (ALL)

SWAMIDEEN AND 7 OTHERS v. State of U.P. AND ANOTHER

A482/21671/2024 · 2025-10-08

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 21671 of 2024 Court No. - 82 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard Sri Ramesh Kumar Mishra, learned counsel for the applicants, Sri Raj Kumar Singh, learned counsel for the opposite party no. 2, learned counsel for the State and perused the records. 2. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Case No. 2664 of 2021 (State Vs. Swamideen and others), arising out of Case Crime No. 212 of 2021, under Sections 147, 148, 323, 504, 506, 436, 427, 308 of I.P.C., Police Station Karwi, District Chitrakoot, charge sheet dated 15.09.2021 as well as cognizance/summoning order dated 16.09.2021 passed by Chief Judicial Magistrate, Chitrakoot whereby learned Magistrate summoned the applicant no.1 under Sections 147, 148, 323, 504, 506, 436, 427 I.P.C., applicant no. 2 under Sections 147, 148, 323, 504, 506, 436, 427, 308 I.P.C. applicant no. 3 to 8 under Sections 147, 148, 323, 504, 506 I.P.C. on the basis of compromise dated 10.06.2024, pending in the court of District Judge, Chitrakoot. 5. Learned counsel for the applicants states that an order was passed by a co-ordinate Bench of this Court on 05.06.2025 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 court concerned on 18.07.2025 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. Versus Counsel for Applicant(s) : Ramesh Kumar Mishra Counsel for Opposite Party(s) : G.A., Raj Kumar Singh Swamideen And 7 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 proceedings, charge sheet as well as cognizance/summoning order as prayed for by the applicant(s). 8. The present application is allowed. 9. The entire proceedings, charge sheet as well as cognizance/summoning of the aforesaid case are hereby quashed. October 9, 2025 PS A482 No. 21671 of 2024 2 (Tej Pratap Tiwari,J.) Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad