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2025 DAILYLAW 4505 (ALL)

SATENDRA SHARMA AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

A482/450/2025 · 2025-02-26

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27986 Court No. - 52 Case :- APPLICATION U/S 482 No. - 450 of 2025 Applicant :- Satendra Sharma And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.,Pawan Kumar Gupta,Tahir Ali Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Arvind Kumar, learned counsel for the applicants, Mr. Nijamuddin Khan, learned counsel for the opposite party no.2, Mr. Mayank Awasthi, learned counsel for the State and perused the records. 2. The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet No.126 of 2012, dated 16.06.2012 and the entire proceedings of Case No.567 of 2015 (State vs. Satendra Sharma and others), arising out of Case Crime No.177 of 2012, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station-Saurikh, District- Kannauj, pending before the court of court concerned on the basis of compromise. 3. Learned counsel for the parties submits that the parties have amicably settled their dispute and a compromise has been entered into between the parties and they are decided to stay together. In this regard, a compromise deed on behalf of both the parties has been filed before the court concerned, which has been verified by the court below vide order dated 28.10.2024 in the presence of the parties alongwith their respective counsels. A certified copy of order dated 28.10.2024 has been appended as Annexure No.4 of this application. Learned counsel for the parties further submit that on account of compromise entered into between the parties concerned, all disputes between them have come to an end and and the husband and wife are staying together, and, therefore, further proceedings against the applicants in the aforesaid case is liable to be quashed by this Court. 4. Learned A.G.A. for the State does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, they have no objection in quashing the impugned criminal proceedings against the applicants. 5. Before proceeding any further it shall be apt to make a brief reference to the following cases:- 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. Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466, 6. In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278. in which the law expounded by the Apex court in the aforesaid cases has been explained in detail. 7. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute. 8. Accordingly, the charge sheet No.126 of 2012, dated 16.06.2012 and the entire proceedings of Case No.567 of 2015 (State vs. Satendra Sharma and others), arising out of Case Crime No.177 of 2012, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station-Saurikh, District- Kannauj, pending before the court of court concerned is hereby quashed. 9. The application is, accordingly, allowed. There shall be no order as to costs. 10. It is always open to the parties to approach before this Court in case verification has been done by playing fraud. 11. A copy of this order be sent to the lower court forthwith. Order Date :- 27.2.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad