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2025 DAILYLAW 30944 (ALL)

KIFAYAT ALI AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

A482/20593/2022 · 2025-07-30

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129567 Court No. - 71 Case :- APPLICATION U/S 482 No. - 20593 of 2022 Applicant :- Kifayat Ali And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Patel,Syed Khayyam Haider Counsel for Opposite Party :- G.A.,Shashi Kumar Tiwari Hon'ble Raj Beer Singh,J. 1. Certified copy of the compromise verification report filed on behalf of the applicants today in Court is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned AGA for the State. 3. This application u/s 482 CrPC has been filed with the prayer to quash the charge-sheet dated 12.01.2021 as well as cognizance / summoning order dated 12.02.2021, of Case No. 279 of 2021 (State v. Kifayat Ali and others), arising out of Case Crime No. 551 of 2020, under Sections 147, 149, 323, 504, 452, 506 IPC, P.S.- Nakhasa, District- Sambhal, pending in the court of Judicial Magistrate- I, Sambhal, on the basis of compromise arrived at between the parties. 4. It has been argued by the learned counsel for the applicants that the alleged dispute between the parties has taken place due to misconception and that now both the parties have amicably settled the dispute and the informant of the case and injured do not want to pursue the impugned proceedings. In the alleged incident no one has sustained any serious injury. In pursuance to order dated 11.10.2022, passed by this Court, both the parties have filed compromise before the trial Court, which has duly been verified vide order dated 11.12.2023, the certified copy of the same is available on record. It was submitted that in view of aforesaid facts and circumstances, no useful purpose would be served by keeping the impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties. 5. Learned counsel for the opposite party no.2 has concurred with the arguments of learned counsel for the applicants and submitted that both the parties have amicably settled the dispute and compromised the matter and the informant and injured do not want to proceed with the case pending before the trial court and thus, the impugned proceedings may be quashed. 6. Learned A.G.A. has no objection if parties compromise the matter. 7. I have considered the submissions and perused the record. 8. It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise by invoking inherent powers enshrined under Section 482 CrPC. In the instant case, the matter relates to private dispute between the parties. If parties compromise the matter, it would not have adverse impact on society. The informant of the case and injured do not want to pursue the impugned proceedings. There is nothing to indicate that applicants have any criminal antecedents. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering the aforesaid facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed. 9. In view of the aforesaid, the proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case, against applicants, namely, Kifayat Ali, Rifaqat, Mohd. Amir, Sharafat, Riyaz and Nazim are hereby quashed. 10. The application u/s 482 CrPC is allowed. Order Date :- 31.7.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad