NASIR KHAN AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS
A482/9856/2024 · 2025-05-25
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40562 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40562 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:89375 Court No. - 64 Case :- APPLICATION U/S 482 No. - 9856 of 2024 Applicant :- Nasir Khan And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shashank Shekhar,Sheo Ram Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Shashank Shekhar, learned counsel for the applicants, Sri Alok Kumar Kushwaha, learned counsel for the opposite party nos.2 & 3 and Sri Devemdra Nath Mishra, learned counsel for the State and perused the record.
3. This application under Section 482 Cr.P.C. has been filed by the applicants- Nasir Khan, Arif Khan and Umar Khan, with the prayer to allow this application and quash the entire proceeding of S.T. No. 226 of 2002 (State vs. Nasir Khan and others) arising out of Case Crime No. 216 of 2000, under Sections 147, 149, 307, 504, 506 I.P.C., P.S. Kotwali, District Jhansi, pending in the court of Additional Session Judge (Fast Track Court II), Jhansi in view of compromise dated 22.11.2023 Annexure No.5 the same is verified by the trial court vide order dated
16.01.2024.
4. Learned counsel for the applicants argued that the parties have settled the dispute amicably out of court and on the basis of compromise the applicants filed Criminal Misc. Application U/S 482 Cr.P.C. No. 31490 of 2023 (Nasir Khand and 2 others Vs. State of U.P. and 2 others) in which an order for verification of the compromise was passed on 29.11.2023 by another Bench of this Court, the copy of the said
order is annexed as Annexure-6 to the affidavit. It is argued that in compliance of the said order, the parties have filed the order of this Court along with compromise application before the concerned court for its verification after which the concerned court has verified the said compromise vide its order dated 16.01.2024, the copy of the said order is annexed as Annexure-7 to the affidavit. It is argued that the opposite party nos. 2 & 3 are 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. Further while placing paragraph 4, 5 & 6 of the supplementary affidavit dated 09.09.2024 it is submitted that the present case is a counter-blast case in which the applicant no.1 lodged a first information report against the opposite party nos.2 &
3 which also ended in a compromise and the proceedings therein were quashed by a co-ordinate Bench of this Court vide order dated 20.02.2024 passed in Application U/S 482 No. 31252 of 2023 (Vijay Jha and 4 others Vs. State of U.P. and aother). 6. Learned counsel for the State could not dispute the fact that the matter has been amicably settled between the parties which was duly verified by the concerned trial court. 7. 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. 8.
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 entire proceedings of case as prayed for by the applicants. 9. The present application is allowed. 10. The entire proceedings of the said case are hereby quashed.
Order Date :- 26.5.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad