HITESH KUMAR GOYAL AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/27541/2022 · 2025-02-10
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38866 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38866 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:19217 Court No. - 78 Case :- APPLICATION U/S 482 No. - 27541 of 2022 Applicant :- Hitesh Kumar Goyal And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Chaurasia Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Ajay Kumar Chaurasia, learned counsel for the applicants, Sri Sunil Kumar Gaur, learned counsel for the opposite party no.2, Sri V.D. Ojha, learned AGA for the State and perused the records. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants-Hitesh Kumar, Chandrabhan Goyal and Smt. Vidyadevi with the prayer to allow this application under 482 Cr.P.C. and quash the summoning order dated 17.03.2017 passed by Additional Sessions Judge, court no.14, Agra in case no.134 of 2016, U/s 406 IPC, P.S. New Agra, Agra. 4. As per office report dated 12.4.2023, compromise verification report of court concerned is on record. 5. Learned counsel for the applicants submits that a compromise between the parties was referred for verification vide order dated 6.12.2022 passed by another Bench of this Court which has been duly verified by the court concerned on29.3.2023 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. 6. 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 applicant (s). 7. 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. 8. 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. 9. 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 applicant(s). 10. The summoning order as well as proceedings of the aforesaid case are hereby quashed subject to the applicant (s) depositing Rs.10,000/- before the concerned trial court which shall be utilized by the District Legal Services Authority of the district. 11. The present application is allowed. (Samit Gopal, J.) Order Date :- 10.2.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad