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2025 DAILYLAW 34684 (ALL)

AMIT KAPOOR AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/24208/2022 · 2025-10-08

Samit Gopal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 24208 of 2022 Court No. - 66 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Bhaskar Bhadra, learned counsel for the applicants, Sri Rajveer Chaurasia, Advocate, holding brief of Sri Dinesh Kumar Singh, learned counsel for the opposite party no. 2, Sri V.D.Ojha, 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 Amit Kapoor and Smt. Jyoti Kapoor, with the prayer to quash the entire proceedings of Criminal Case No. 1587 of 2021, arising out of Case Crime No.88 of 2021, under Sections 420, 406, 452, 323, 504, 506 I.P.C., Police Station- Collector Bukganj, District Bareilly (State vs. Amit), pending in the court of Additional Chief Judicial Magistrate IIIrd, Bareilly as well as cognizance order dated 22.09.2021 and charge sheet dated 10.07.2021 in the aforesaid case in pursuance of compromise dated 21.5.2022. 4. Learned counsel for the applicant argued that the parties have settled the dispute amicably out of court and on the basis of compromise the applicants filed the present application before this Court in which an order for verification of the compromise was passed on 11.8.2022. It is argued that in compliance of the order dated 11.8.2022 of this Court, the parties have filed the order of this Court before the concerned court for its verification after which the concerned court has verified the said compromise vide its order dated 28.10.2022, copy of the said order has Versus Counsel for Applicant(s) : Bhaskar Bhadra Counsel for Opposite Party(s) : Dinesh Singh Yadav, G.A. Amit Kapoor And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) been placed on the record by the office vide its report dated 24.11.2023. 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 and learned counsel for the opposite party no. 2 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, charge sheet, cognizance order as prayed for by the applicant(s). 8. The present application is allowed. 9. The impugned the proceedings, charge sheet and cognizance order as prayed for by the applicant(s) are hereby quashed. October 9, 2025 Naresh A482 No. 24208 of 2022 2 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad