SUKH DEV SINGH AND 5 OTHERS v. STATE OF U.P. THRU SECY. AND 2 OTHERS
A482/10317/2016 · 2025-10-13
body2025
DailyLaw.ai
[ 2025 DAILYLAW 193700 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 193700 (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. - 10317 of 2016 Court No. - 83 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Shri Rajendra Prasad Tiwari, Learned counsel for the applicants, Shri Vineet Kumar Tiwari, learned counsel for opposite party No.3 and Learned AGA for the State. 2. On 28.05.2025, the Court had passed the following order:-
"1. Heard Shri Vinay Kumar Tiwari, learned counsel for the applicant, learned AGA for the State and perused the records. 2. The present application under Section 482 Cr.P.C. has been filed for quashing of the Criminal Case No. 538 of 2012 (State vs. Ram Prasad and others), under Section 420, 467, 468, 471 I.P.C., P.S. Kagaraul, District Agra as well as Charge-Sheet dated 03.03.2008 on the basis of compromise on 09.05.2025. 3. It is submitted by learned counsel for the applicant that the parties have amicably settled their disputes outside the Court and the opposite party no.2 does not want to prosecute the applicants. The compromise has taken place on 09.05.2025 and the compromise-deed has been annexed as Annexure-SA-1 to the supplementary affidavit filed in support of the application. 4. Learned counsel appearing for the opposite party no.2 does not dispute the aforesaid facts. 5. In view of above facts, the parties shall file an application along with the compromise-deed before the concerned Court below and appear Versus Counsel for Applicant(s) : Ashish Nigam, Rajendra Prasad Tiwari, Vinay Kumar Tiwari Counsel for Opposite Party(s) : Digvijay Singh, G.A., Vineet Tiwari Sukh Dev Singh And 5 Others .....Applicant(s) State Of U.P. Thru Secy. And 2 Others .....Opposite Party(s)
before the Court concerned for verification of the compromise in the first week of July, 2025. On receiving the said application the Court below shall take steps for verification of the compromise and prepare a verification report. The concerned Court shall send the verification report to this Court, which may be placed in the file. 6. List on 29.07.2025 along with report of verification of compromise. 7. Until further orders, criminal proceedings initiated against the applicants in the aforementioned case is kept in abeyance."
3.
Pursuant to the order of the Court, the Civil Judge (S.D.)/Fast Track Court, Agra has submitted a report dated 29.07.2025, in which the compromise effected between the parties has been verified, the compromise deed was read out in open Court, explained to the parties, who have expressed their consent. 4. Shri Vineet Kumar Tiwari, Learned counsel for the opposite party No.3 attests the said compromise and states that he has no objection if the proceedings of the criminal case are quashed pursuant to the said compromise. 5. Learned counsel for the parties state that the dispute was with respect to the partition of land, which due to the misunderstanding led to the filing of the criminal case. The dispute has now been resolved by the parties through the intervention of respectable members of the community and continuation of the proceedings would now amount to abuse of the process of the Court. 6. This Court is not unmindful of the judgements of the Apex Court in the cases of Nikhil Merchant Vs. Central Bureau of Investigation [2008) 9 SCC 677], Manoj Sharma Vs. State and others ( 2008) 16 SCC 1, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and Narinder Singh and others Vs. State of Punjab ( 2014) 6 SCC 466, wherein the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which, law expounded by Hon'ble Apex Court in the aforesaid cases has been explained in detail. A482 No. 10317 of 2016 2
7. As the compromise executed between the parties has been duly verified, which has also been attested by the counsel for the parties before this Court, no useful purpose would be served in prolonging the proceedings. 8.
Accordingly, the entire proceedings of Criminal Case No. 538 of 2012 (State vs. Ram Prasad and others), under Section 420, 467, 468, 471 I.P.C., P.S. Kagaraul, District Agra as well as Charge-Sheet dated 03.03.2008, pending in the Court of the Additional Chief Judicial Magistrate, Agra, are hereby quashed. 9. The instant application is, accordingly, allowed. October 14, 2025 A. Pandey A482 No. 10317 of 2016 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad