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Neutral Citation No. - 2025:AHC:14494 Court No. - 78 Case :- APPLICATION U/S 482 No. - 15839 of 2023 Applicant :- Anjum And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Himanshu Mishra,Sohit Prakash Sharma Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Sohit Prakash Sharma, learned counsel for the applicants, Sri Birendra Pratap Singh, learned counsel for the State and perused the records. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants Anjum, Rais@Bablu, Adil, Tauhid with the prayer to quash the entire proceedings of Case No. 168 of 2023, State vs. Anjum and others, under Sections 447, 323, 504 I.P.C., Police Station Shahganj, District Agra, pending in the court of Special Chief Judicial Magistrate, Agra in pursuance of compromise dated 22.03.2023 between the parties. 4. Learned counsel for the applicants argued that the parties have settled the dispute amicably out of court and on the basis of compromise the applicants filed the present Criminal Misc. Application U/S 482 Cr.P.C. before this Court in which an order for verification of the compromise was passed on 02.5.2023. It is argued that in compliance of the order dated 02.5.2023 of this Court, the parties have filed the order of this Court along with compromise before the concerned court for its verification after which the concerned court has verified the said compromise vide its order dated 05.5.2023, copy of the said order is on the record. It is argued that the opposite party no. 2 is not interested to pursue the matter pending in the trial court and is not inclined to give any evidence against the applicants and therefore the impugned proceedings be quashed on the ground of compromise between the parties. 5. Learned State counsel opposed the prayer for quashing but could not dispute the fact that the matter has been amicably settled between the parties which was duly verified by the concerned trial
court. 6. 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 (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. 7. 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 proceedings as prayed for by the applicant(s). 8. The present application is allowed. 9. The proceedings of the said case are hereby quashed subject to the applicants depositing Rs.10,000/- before the concerned trial court which shall be utilized by the District Legal Services Authority of the district. (Samit Gopal,J.) Order Date :- 31.1.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad