ABDUL JALIL AND 8 OTHERS v. STATE OF U.P. AND ANOTHER
A482/18826/2020 · 2025-05-13
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36162 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36162 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:79499 Court No. - 64 Case :- APPLICATION U/S 482 No. - 18826 of 2020 Applicant :- Abdul Jalil And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A.,Rajendra Singh,S Kamal Akhtar Khan With Case :- APPLICATION U/S 482 No. - 10537 of 2020 Applicant :- Arif Through His Father Abdul Jalil Opposite Party :- State of U.P. Counsel for Applicant :- Madan Singh,Through E Mail Counsel for Opposite Party :- Rajendra Singh With Case :- APPLICATION U/S 482 No. - 25729 of 2023 Applicant :- Akram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A.,Rajendra Singh Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Madan Singh, learned counsel for the applicants, Ms. Farheen, Advocate Enroll No.U.P.00626/2025 holding brief of Sri Rajendra Singh, learned counsel for the opposite party no. 2, Sri D.N. Mishra, learned State counsel and perused the record. 3. The aforesaid three applications under Section 482 Cr.P.C. have been filed by the applicants-Abdul Jalil, Aslam, Ashif, Asma, Ashim, Reeshma, Nighat, Sharik, Sahid, Arif through His father Abdul Jalil, Akram, with the prayer to allow this application under 482 Cr.P.C. and quash the cognizance order dated 7.12.2019 as well as charge sheet No.56/2019, dated 23.10.2019 in Case No. 3276/2019, State of U.P. vs. Arif and others, Case Crime No.
24/2019, u/ss. 498A, 3 23, 506 I.P.C., 3/4 D.P. Act, 1961, P.S. Mahila Thana, District- Rampur, pending before the Additional Chief Judicial Magistrate, Rampur 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 5.3.2025, compromise verification
report of court concerned is on record. 5. Learned counsel for the applicants submits that the petition in so far as applicant no.1 Abdul Jalil in Application U/s 482 No.18826 of 2020 is concerned, be dismissed as not pressed since he has expired on 17.1.2023, the said prayer is allowed. 6. The Application U/s 482 No.18826 of 2020 so far as it relates to applicant no.1 Abdul Jalil stands as not pressed. The said application survives for the applicant nos.2 to 9. 7.
Learned counsel for the applicants submits that a compromise between the parties was referred for verification vide order dated 4.2.2025 passed by this Court which has been duly verified by the court concerned on 25.2.2025 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. 8. 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 applicants. 9. 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. 10. 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. 11. 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 applicants. 12.
The charge sheet, cognizance order as well as entire proceedings of the case in aforesaid three petitions are hereby quashed. 13. The aforesaid three petitions being Application U/s 482 Nos.18826 of 2020, 10537 of 2020 and 25729 of 2023 stands allowed. (Samit Gopal, J.) Order Date :- 14.5.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad