AVNISH KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/27526/2017 · 2025-10-13
body2025
DailyLaw.ai
[ 2025 DAILYLAW 193755 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 193755 (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. - 27526 of 2017 Court No. - 83 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Sri Ashok Kumar Singh, learned counsel for the applicants and learned A.G.A. for the State. 2. The instant application has been filed by the applicants with the prayer to quash the proceedings of Charge sheet dated 27.01.2017 in Case Crime No.320 of 2016 under Section 147, 148, 323, 504, 506, I.P.C., Police Station- Awagarh, District Etah pending in the Court of Civil Judge (Junior Division)/ Judicial Magistrate, Jalesar, District Etah. 3. On 27.05.2025, following order was passed by this Court :
"1. Heard Shri Ashok Kumar Singh, learned counsel for the applicant, Shri Shashidhar Pandey, learned AGA for the State and perused the records. 2. The present application has been filed for quashing of the entire proceedings in pursuance of case crime no. 320 of 2016, under Sections 147, 148, 323, 504, 506 IPC, P.S. Awagarh, district Etah on the basis of compromise. 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 17-03-2023 and the compromise-deed has been annexed as SA-1 to the Versus Counsel for Applicant(s) : Ashok Kumar Singh, Pratibha Singh Counsel for Opposite Party(s) : G.A. Avnish Kumar And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 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 12-08-2025 along with report of verification of compromise. 7. Till then, no coercive action shall be taken against the applicant in pursuance of the aforesaid proceedings."
4.
Pursuant to the said order, Civil Judge (Junior Division)/Judicial Magistrate, Jaslesar, Etah, has filed his report dated 23.07.2025 in which the compromise has been verified. 5. Learned counsel for the applicants has submitted that in view of the compromise made between the parties, the entire proceedings be quashed. 6. Learned AGA could not dispute the aforesaid facts. 7. This Court is not unmindful of the judgement of the Hon'ble Supreme Court passed in the case of Narinder Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir Vs. State of Gujarat, (2017) 9 SCC 641 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688, wherein Hon'ble Supreme 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 Supreme Court, in the aforesaid cases, has been explained in detail. A482 No. 27526 of 2017 2
8. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made and seeing that the terms of the compromise having been duly verified by the parties and the dispute in question has been amicably resolved, as also the fact that except Sections 147 and 148 IPC, Sections 323, 504, 506 IPC are all compoundable, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of this case. 9. Accordingly, the entire proceedings pursuant to charge sheet dated 27.01.2017 in Case Crime No.320 of 2016 under Sections 147, 148, 323, 504, 506 IPC, P.S. Awagarh, District Etah, pending in the Court of Civil Judge (Junior Division)/Judicial Magistrate, Jaleshar, District Etah are hereby quashed. 10. The instant application stands allowed.
October 14, 2025 Kushal A482 No. 27526 of 2017 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad