Court No. - 52 Case :- APPLICATION U/S 482 No. - 20483 of 2023 Applicant :- Nitesh Aggarwala Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anshul Kumar Singhal,Sudhir Mehrotra,Suyash Mehrotra Counsel for Opposite Party :- G.A.,Shivang With Case :- APPLICATION U/S 482 No. - 20105 of 2023 Applicant :- Naresh Aggarwala Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anshul Kumar Singhal Counsel for Opposite Party :- G.A.,Shivang With Case :- APPLICATION U/S 482 No. - 20415 of 2022 Applicant :- Rahul Yadav And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Dwivedi,Sudhir Mehrotra,Vimlendu Tripathi Counsel for Opposite Party :- G.A.,Sushmita Mukherjee,Vimlendu Tripathi Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Anshul Kumar Singhal, learned counsel Mr. Suyash Mehrotrar, Advocate holding brief of Mr. Sudhir Mehrotra, learned counsels for the applicants, Mr. Shivang, learned counsel for opposite party no.2 and Mr. Satyendra Tiwari, learned A.G.A. for the State. 2. These applications U/S 482 Cr.P.C. have been filed by the applicants with the following prayer:- (i) to quash the entire proceedings of Criminal Case No. 1584 of 2020 (New Case No. 6840 of 2020) (State Vs. Naresh Aggarwala and others), under Sections 420, 409, 467, 468, 471, 504, 506 and 120-B I.P.C., Police Station Phase-III, District Gautam Buddh Nagar, arising out of Case Crime No.1450 of 2019, U/S 420, 406, 467, 468, 471, 504, 506 and 120-B I.P.C., pending in the court of Chief Judicial Magistrate, Gautam Buddh Nagar (ii) to quash the entire proceedings of Criminal Case No. 3999 of 2021 (State Vs. Naresh Aggarwala) connected with Case No. 6840/2020, under Sections 409, 420, 467, 468, 471, 504, 506 and 120-B I.P.C., Police Station Phase-III, District Gautam Buddh Nagar, arising out of Case Crime No. 1450 of 2019, U/S 420, 406, 467, 468, 471, 504, 506 and 120-B I.P.C., pending in the court of Chief Judicial Magistrate, Gautam Buddh Nagar. (iii) and also to entire proceedings of Case Crime No. 1450 of 2019, under Sections 420, 409, 467, 468, 471, 504, 506 and 120-B I.P.C., Police Station Phase-III, District Gautam Buddh Nagar and also to quash the charge-sheet no. 21.01.2020 as well as Criminal Case No. 1584 of 2020 (State Vs. Naresh Agrawal and others) including the summoning order dated 18.02.2020 passed by Chief Judicial Magistrate, Gautam Buddh Nagar along with supplementary charge-sheet dated 05.11.2020, under Sections 420, 467, 468, 471, 409, 120-B, 504 and 506 I.P.C. and the non-bailable warrant dated 07.06.2022, on the basis of compromise deed. 3. In Application U/s 482 No.20483 of 2023, on 11.07.2023, the following order was passed:- "1. Heard Sri Anshul Kumar Singhal, learned counsel for the applicant, Sri Sudhir Mehrotra, learned counsel for the intervenor/co-accused, Rahul Yadav and Manoj Yadav and Sri P.P. Tiwari, learned A.G.A. for the State. 2. None appears on behalf of the opposite party no. 2. 3. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No. 1584 of 2020 (New Case No. 6840 of 2020) (State Vs. Naresh Aggarwala and others) arising out of Case Crime No. 1450 of 2019 u/s 420, 409, 467, 468, 471, 504, 506 and 120-B I.P.C., Police Station- Phase-III, District- Gautam Buddh Nagar, pending in the court of Chief Judicial Magistrate, Gautam Buddh Nagar. 4. It has been submitted by learned counsel for the applicant that applicant along with some co-accused have compromised the case with opposite party no. 2 and filed Memorandum of Understanding and settlement dated 22.02.2023 in the trial court. Certified copies of the aforesaid Memorandum of Understanding and Settlement Deed have been attached as Annexure Nos.7 and 8 to the affidavit accompanying this application. 5. It has been submitted by learned counsel appearing for the intervenor that the applicant has not complied with the order dated 10.02.2023 and also regarding surrender in the trial court. 6. Issue notice against opposite party no. 2 returnable at an early date. 7. Counter affidavit shall be filed by opposite party no. 2 within two weeks. 8. Learned counsel for the applicant may file rejoinder affidavit within a week thereafter. 9. Connect and list this case on 24.08.2023 as a fresh case along with Criminal Misc. Application U/S 482 No. 20415 of 2022, Rahul Yadav and another Vs. State of U.P. and others. 10. Till the next date of listing, no coercive action shall be taken against the applicant." 4. In compliance of the aforesaid order compromise has been verified by the Court of C.J.M., Gautam Buddh Nagar vide order dated 23.04.2025, certified copy of the same has been annexed at page no.9 to the supplementary affidavit dated 04.05.2024. 5. Learned counsels 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 counsel for opposite party no.2 and 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 entire proceedings of Criminal Case No. 1584 of 2020 (New Case No. 6840 of 2020) (State Vs. Naresh Aggarwala and others), under Sections 420, 409, 467, 468, 471, 504, 506 and 120-B I.P.C., Police Station Phase-III, District Gautam Buddh Nagar, arising out of Case Crime No.1450 of 2019, U/S 420, 406, 467, 468, 471, 504, 506 and 120-B I.P.C., pending in the court of Chief Judicial Magistrate, Gautam Buddh Nagar and the proceedings of Criminal Case No. 3999 of 2021 (State Vs. Naresh Aggarwala) connected with Case No. 6840/2020, under Sections 409, 420, 467, 468, 471, 504, 506 and 120-B I.P.C., Police Station Phase-III, District Gautam Buddh Nagar, arising out of Case Crime No. 1450 of 2019, U/S 420, 406, 467, 468, 471, 504, 506 and 120-B I.P.C., pending in the court of Chief Judicial Magistrate, Gautam Buddh Nagar, on the basis of compromise, are hereby quashed. 11. The applications are, accordingly, allowed. There shall be no order as to costs. Order Date :- 23.5.2025 Abhishek Singh Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad