Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 202998 (ALL)

RAM SABHA SINGH AS PER AADHAR RAM SABHA AND 2 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

A482/9477/2025 · 2025-11-12

Tej Pratap Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9477 of 2025 Court No. - 34 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard Sri Shivam Malhotra, Advocate holding brief of Sri Rama Kant Dixti, learned counsel for the applicants, learned counsel for the State and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the entire criminal proceeding of Criminal Misc. Case No. 715 of 2009 (State vs. Ram Sabha and others) arising out of N.C.R No. 130 of 2008, under Sections 323, 504, 506 I.P.C., Police Station Gilaula, District Shrawasti, charge sheet dated 27.12.2008 as well as cognizance order dated 12.02.2009 passed by Chief Judicial Magistrate, Shrawasti ono the basis of compromise settled by the parties outside the Court. 3. Learned counsel for the applicants states that an order was passed by a co-ordinate Bench of this Court on 08.08.2025, 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 22.08.2025 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 Versus Counsel for Applicant(s) : Rama Kant Dixit Counsel for Opposite Party(s) : G.A. Ram Sabha Singh As Per Aadhar Ram Sabha And 2 Others .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) (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. 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 and cognizance order, as prayed for by the applicants. 6. The present application is allowed. 7. The entire proceedings, charge sheet and cognizance order of the aforesaid case is hereby quashed. November 12, 2025 P.S A482 No. 9477 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad, Lucknow Bench