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2025 DAILYLAW 3947 (ALL)

SANJEET AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/308/2025 · 2025-03-16

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37418 Court No. - 75 Case :- APPLICATION U/S 482 No. - 308 of 2025 Applicant :- Sanjeet And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vipul Kumar Counsel for Opposite Party :- G.A.,Manoj Kumar Pandey Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Vipul Kumar, learned counsel for the applicants, Shri Manoj Kumar Pandey, learned counsel for the opposite party no. 2 and Shri Pankaj Srivastava, learned learned A.G.A. for the State and perused the record. 2. The present application has been filed to quash the entire proceeding of Case No. 678 of 2004 based on charge sheet dated 29.05.2004 arising out of Case Crime No. 249 of 2004, under Sections 498-A, 323, 504, 506 IPC and 3/4 of D.P. Act including the cognizance order dated 05.07.2004 and order dated 30.05.2011 issuing NBW, pending in the court of A.C.J.M., Deoband, Saharanpur, on the basis of compromise. 3. Contention of learned counsel for the applicants is that the first informant Guddi had died long back and thereafter her father namely Hukum Singh is permitted to pursue the case, who has also died. Thereafter, opposite party no. 2 Sanno, who is mother of first informant Guddi, was appointed as Pairokar to pursue the case. Trial court recorded the statement of two witnesses. It is further submitted that subsequently parties have entered into compromise dated 24.11.2008, copy of the same has also filed before the court below. Thereafter neither the accused person nor the opposite parties appeared before the court below, thereafter process issued against the applicants and then applicants appeared before the court below and they were released on bail and it is also prayed that on the basis of compromise, impugned proceeding may be quashed. 4. This fact has not been disputed by counsel for the opposite party no. 2. However, learned A.G.A. has submitted that during trial evidence has also been recorded and compromise is very old, therefore, proceeding cannot be quashed on the basis of compromise which was never verified by the court below. 5. In view of the above, present application is disposed of with direction that if parties settled their dispute amicably then opposite party no. 2 would appear before the court below and record her statement in verification of the aforesaid compromise thereafter court proceed in accordance with law. 6. It is further directed that the aforesaid exercise shall be concluded by the court below within a period of three months from today. Order Date :- 17.3.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad