BABBU ALIAS AKRAM AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/20236/2019 · 2025-05-13
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27456 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27456 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:79472 Court No. - 64 Case :- APPLICATION U/S 482 No. - 20236 of 2019 Applicant :- Babbu Alias Akram And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Balbir Yadav Counsel for Opposite Party :- G.A.,Sonu Kumar Tiwari Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Balbir Yadav, learned counsel for the applicants, Sri Sonu Kumar Tiwari, learned counsel for the opposite party no.2, Sri Shashi Kant Pandey, learned AGA for the State and perused the records. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants-Babbu alias Akram and Shaquir with the prayer to allow this application under 482 Cr.P.C. and quash the charge sheet no.281 of 2002 dated 18.11.2002 along with entire criminal proceeding of Case Crime No.471 of 2002, u/s 498-A, 323, 504, 506 IPC, P.S. Delhi Gate, District Aligarh and further with the prayer to stay the further proceedings of the aforesaid case during the pendency of this application. 4. As per office report dated 6.3.2025, compromise verification report of court concerned is on record. 5. Learned counsel for the applicants submits that a compromise between the parties was referred for verification vide order dated 29.11.2024 passed by this Court which has been duly verified by the court concerned on 31.1.2025 and further they have decided to reunite and live together rest of their lives and a report to the said effect has been sent by the court concerned, as such the compromise entered between the parties is duly verified and the proceedings of the present matter be quashed. 6. Learned counsel for the opposite party no.2 as well as learned counsel for the State admitted the fact of compromise and stated that they have no objection if the proceeding of the aforesaid case is quashed against the applicant (s). 7. From the perusal of the record it is apparent that parties have entered in to compromise and have settled their dispute amicably,
the said compromise has been also been verified by the trial court. 8. 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. 9. 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). 10. The charge sheet as well as entire proceedings of the aforesaid case are hereby quashed. 11. The present application is allowed. (Samit Gopal, J.) Order Date :- 14.5.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad