RAHUL SAXENA AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
A482/15267/2023 · 2025-10-09
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23328 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23328 (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. - 15267 of 2023 Court No. - 74 HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicants, learned counsel for the informant, learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 21.02.2016, cognizance order dated 24.05.2016 as well as entire proceedings of Criminal Case/S.S.T. No.158 of 2016 arising out of Case Crime No.21 of 2016, under Sections 147, 323, 352, 452, 504, 506 I.P.C., Police Station Gursarai, District Jhansi, pending in the court of Special Judge S.C./S.T.Act, on the basis of compromise dated
18.03.2023. 3. Learned counsel for the applicants submits that instant application has filed to quash the proceeding pending against the applicants on account of compromise entered between the parties. This Court vide order dated 27.04.2023 directed the parties to appear before the court below for verification of compromise dated 18.03.2023 (Annexure 4 to the affidavit). The order dated 27.04.2023 is being quoted below:-
"1. Supplementary affidavit filed today by learned counsel for the applicants is taken on record. 2. List revised. 3. Heard Sri Amar Singh Kashyap, learned counsel for the applicants, Sri Sai Girdhar, learned State counsel and perused the record. 4. The present application has been filed by the applicants- Rahul Saxena alias Amit Saxena, Radhamohan Saxena, Drigpal, Pintu alias Ankit Kumar, Manoj Khare and Raju alias Premnarain with the prayer to allow this application and quash the entire proceeding as well as impugned charge-sheet dated 21.02.2016 & cognizance order dated 24.05.2016 in Criminal Case/S.S.T. No.158 of 2016 in Case Crime No.21 of Versus Counsel for Applicant(s) : Ajay Kumar Kashyap, Amar Singh Kashyap Counsel for Opposite Party(s) : Anshuman Singh, G.A. Rahul Saxena And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
2016, under Sections 147, 323, 352, 452, 504, 506 I.P.C. and Section 3(1)10 of SC/ST Act, Police Station Gursarai, District Jhansi pending in the Court of Special Judge SC/ST Act on the basis of compromise arrived between the parties dated 18.03.2023, with a further prayer that proceedings of the aforesaid case be stayed against the applicants during the pendency of the present application. 5.
5. Learned counsel for the applicant argued that the parties have entered into compromise which is dated 18.03.2023, copy of the said compromise is annexed as Annexure no.4 to the affidavit in support of present 482 Cr.P.C. application. It is argued that as such the present proceedings be quashed. 6. Looking to the facts of the case, it is provided that the applicant shall file the said compromise within a period of two weeks from today before the court concerned who shall verify the same within three weeks thereafter and send his report to this Court. 7. List on 25.05.2023. 8. Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case."
4. Pursuant to the said order dated 27.04.2023, parties appeared before the court below and on 12.05.2023 trial court verified and identified the parties through their counsels. Verification report dated 12.05.2023 has been filed through compliance affidavit, which is on record. 5. Learned counsel for the applicants has submitted that the applicants and opposite party no.2 have settled their private and civil dispute through compromise and as such opposite party no.2 do not wish to press the aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 6. In view of the facts and circumstances of the case, the applicants and opposite party no.2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further. 7. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs.
State of Punjab and A482 No. 15267 of 2023 2
another; (2014) Supreme Today 642, the proceeding of Criminal Case/S.S.T. No.158 of 2016 arising out of Case Crime No.21 of 2016, under Sections 147, 323, 352, 452, 504, 506 I.P.C., Police Station Gursarai, District Jhansi, pending in the court of Special Judge S.C./S.T.Act is hereby quashed. 8. The application under Section 482 Cr.P.C. is accordingly allowed. October 10, 2025 SKD A482 No. 15267 of 2023 3 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad