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2025 DAILYLAW 43569 (ALL)

RAM ROOP AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/14376/2025 · 2025-09-11

Deepak Verma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14376 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Second supplementary affidavit filed today on behalf of the applicants, is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the informant, learned A.G.A. for the State and perused the record. 3. The present 528 BNSS application has been filed to quash the entire proceedings of Session Trial No.317 of 2010 arising out of Case Crime No.1241 of 2007, under Sections 147, 323/149, 308/149, 325/149, 504, 506 I.P.C., Police Station Jhangaha, District Gorakhpur, pending in the court of Additional District Judge-I, Gorakhpur. 4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. Learned counsel for the applicants next submits that both the parties are Pattidar and on account of dispute they have lodged FIR against seven accused persons. Charge-sheet was submitted against seven named accused persons and charges were framed. Learned counsel for the applicants submits that during pendency of trial two co-accused persons namely Ramji and Ram Rekha died. Injured has received injury but in persuasion of senior members of the society, they have amicably settled the dispute and have compromised the matter. They filed present present application to quash the proceeding as parties have compromised the matter. This Court vide order dated 12.05.2025 directed the parties to appear before the court below for verification of compromise dated 20.07.2024 (Annexure 6 to the affidavit). The order dated 12.05.2025 is being quoted below:- "Heard learned counsel for the parties. Learned counsel for both the parties submitted that parties settled their dispute arising out of offence punishable under Sections 147, 323/149, 308/149, 325/149, 504, 506 of I.P.C. on the basis of compromise dated 20.07.2024 which is annexed as annexure-6 to the affidavit. It is further submitted that both the parties have sustained Versus Counsel for Applicant(s) : Sapan Kumar Singh Counsel for Opposite Party(s) : G.A., Ravindra Singh Ram Roop And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) injuries in the same incident. Office is directed to send original compromise to court concerned for verification immediately after retaining a photocopy of the same. Both the parties are directed to appear before the court concerned within six weeks from today for verification and the court concerned is directed to verify the same. Applicants are directed to file supplementary affidavit annexing certified copy of the compromise as well as verification proceedings of compromise. Put up this case as fresh on 12.09.2025. Till the next date of listing proceedings of S.T. No. 317 of 2010, arising out of Case Crime No. 1241 of 2007, under Sections 147, 323/149, 308/149, 325/149, 504, 506 of I.P.C., Police Station- Jhangaha, District Gorakhpur, pending in the Court of Additional District Judge-I, Gorakhpur shall remain stayed against the applicants. " 5. Pursuant to the said order dated 12.05.2025, parties appeared before the court below and on 05.08.2025 trial court verified and identified the parties through their counsels. A copy of the same is filed as Annexure SSA-1 to the second supplementary affidavit. 6. Learned counsel for the applicants has submitted that the applicants and opposite party no.2 have settled their private and civil dispute through compromise and as such opposite party no.2 do not wish to press the aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 7. In view of the facts and circumstances of the case, the applicants and opposite party no.2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further. 8. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceeding of Session Trial No.317 of 2010 arising out of Case Crime No.1241 of 2007, under Sections 147, 323/149, NA528 No. 14376 of 2025 2 308/149, 325/149, 504, 506 I.P.C., Police Station Jhangaha, District Gorakhpur, pending in the court of Additional District Judge-I, Gorakhpur, is hereby quashed. 9. The application under Section 482 Cr.P.C is accordingly allowed. September 12, 2025 SKD NA528 No. 14376 of 2025 3 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad