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2025 DAILYLAW 29646 (ALL)

RAJ KUMAR AND 5 OTHERS v. STATE OF U.P.AND ANOTHER

A482/19359/2023 · 2025-03-20

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:42066 Court No. - 52 Case :- APPLICATION U/S 482 No. - 19359 of 2023 Applicant :- Raj Kumar And 5 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Mohd. Ashraf Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Mohd. Ashraf, learned counsel for the applicants, Ms. Kirti Singh, learned A.G.A. for the State and perused the records. 2. This application u/s 482 has been filed by the applicant with the prayer to quash the charge-sheet No.218 of 2022 dated 18.06.2022 as well as entire proceeding of Criminal Case No. 1241 of 2023 (State Vs. Raj Kumar and others) arising out of case crime no. 97 of 2022, under Sections 147, 148, 452, 323, 352, 504, 506, 325 IPC, P.S. Bhamoura, District Bareilly, pending in the court of Principal Judge, Family court, Bareilly, on the basis of compromise. 3. On 24.05.2023, the following order was passed in the matter:- "1. List revised. 2. Heard Sri Mohd. Ashraf, learned counsel for the applicants, Sri Raj Kumar Gupta, learned State counsel and perused the record. 3. Learned counsel for the applicants argued that the parties have entered into compromise, copy of which is annexed as annexure no. 5 to the affidavit in support of present 482 Cr.P.C. application. It is argued that as such the present proceedings be quashed. 4. Looking to the facts of the case, it is provided that the applicants 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. 5. List on 19.07.2023. 6. Till the next date of listing, no coercive action shall be taken against the applicants Raj Kumar, Ram Kishor, Munish, Satendra @ Satyaprakash, Raju and Rajendra in Criminal Case No. 1241 of 2023 (State Vs. Raj Kumar and others) arising out of case crime no. 97 of 2022, under Sections 147, 148, 452, 323, 352, 504, 506, 325 IPC, P.S. Bhamoura, District Bareilly, pending in the court of Principal Judge, Family court, Bareilly." 4. In compliance of the order dated 24.05.2023, compromise verification report is placed on record as is evident from office report dated 19.07.2023. The letter of Additional Civil Judge (S.D.), Court No.02, Bareilly dated 09.06.2023 has been placed on record. In the letter of Additional Civil Judge (S.D.), Court No.02, Bareilly dated 09.06.2023 it is mentioned that the compromise has been verified by order dated 08.06.2023 in the presence of both the parties as well as their respective counsels. 5. 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. 6. Learned A.G.A. for the State also accept that the parties have entered into a compromise and the copy of the same has also been enclosed along with verification order, they have no objection, if the proceedings in the aforesaid case are quashed. 7. 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, 8. 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. 9. 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. 10. Accordingly, the proceedings of charge-sheet No.218 of 2022 dated 18.06.2022 as well as entire proceeding of Criminal Case No. 1241 of 2023 (State Vs. Raj Kumar and others) arising out of case crime no. 97 of 2022, under Sections 147, 148, 452, 323, 352, 504, 506, 325 IPC, P.S. Bhamoura, District Bareilly, pending in the court of Principal Judge, Family court, Bareilly, on the basis of compromise, are hereby quashed. 11. The application is, accordingly, allowed. There shall be no order as to costs. Order Date :- 21.3.2025 Abhishek Singh Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad