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2025 DAILYLAW 21985 (ALL)

ANIL AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/6039/2025 · 2025-03-04

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32315 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 6039 of 2025 Applicant :- Anil And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shravan Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Shravan Kumar Singh, learned counsel for the applicants and Mr. Amit Singh Chauhan, learned A.G.A. for the State. The present 482 Cr.P.C. application has been filed to quash the charge sheet along with Cognizance order dated 09.02.2024 and the entire proceedings of Case No.215 of 2024 (Computerized Case No.UPGB040169442024), arising out of Case Crime No.39 of 2023 (State vs. Anil and Others), under Sections 498A, 504, 506, 406 I.P.C. and Section 3/4 D.P. Act, Police Station- Mahila Thana, District- Commissionerate Gautam Budh Nagar as well as stay the further proceeding of the aforesaid case, pending in the court of Civil Judge (J.D.)/F.T.C. II, Gautam Budh Nagar, on the basis of compromise dated 17.09.2024. Earlier an Application u/s 482 No.39379 of 2024 was filed by the applicants wherein this Court vide order dated 27.11.2024 directed the parties to appear before the Court concerned for verification of the compromise. In compliance of the aforesaid order dated 27.11.2024, compromise between the parties has been verified by the Court below vide order dated 19.12.2024 in presence of the parties as well as their respective counsels. Certified copy of the verification order has been annexed on page-82 of the application. The compromise deed as placed before the Court concerned has also been annexed as Annexure-3 to this application. Learned counsel for the applicants submits that since the compromise entered between the parties has been verified by the court below, the entire proceedings of the aforesaid criminal case may be quashed by this Court. Learned A.G.A. for the State accepts that the parties have entered into a compromise and the copy of the same has also been enclosed along with verification order, he has no objection, if the proceedings in the aforesaid case are quashed. This Court is not unmindful of the following judgements of the Apex Court: (i). B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675, (ii). Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677, (iii). Manoj Sharma Vs. State and Others; (2008) 16 SCC 1, (iv). Gian Singh Vs. State of Punjab; (2012); 10 SCC 303, (v). Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466, In the aforesaid judgments, 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. & Another; 2013 (83) ACC 278 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) and Daxaben Vs. State of Gujarat, reported in 2022 SCC Online SC 936 in which the law expounded by the Apex court in the aforesaid cases has been explained in detail. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute. Accordingly, proceedings of charge sheet along with Cognizance order dated 09.02.2024 and Case No.215 of 2024 (Computerized Case No.UPGB040169442024), arising out of Case Crime No.39 of 2023 (State vs. Anil and Others), under Sections 498A, 504, 506, 406 I.P.C. and Section 3/4 D.P. Act, Police Station- Mahila Thana, District- Commissionerate Gautam Budh Nagar, pending in the court of Civil Judge (J.D.)/F.T.C. II, Gautam Budh Nagar, on the basis of compromise dated 17.09.2024, are hereby quashed. The application is, accordingly, allowed. There shall be no order as to costs. Order Date :- 5.3.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad