Neutral Citation No. - 2025:AHC:133869 Court No. - 72 Case :- APPLICATION U/S 482 No. - 11321 of 2024 Applicant :- Kuldeep Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Kumar Yadav Counsel for Opposite Party :- G.A.,Himanshu Mittal Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the N.B.W. order dated 28.2.2024 as well as entire proceedings of Case No. 437 of 2008 (State Vs. Kuldeep) arising out of Case Crime No. 41 of 2008, under section 307 I.P.C., P.S. Bahadurgarh, District Hapur, pending in the Court of Learned Judicial Magistrate, Garhmukteshwar, District Hapur. 3. Instant F.I.R. has been lodged against one named and one unknown person with allegation that they came on motorcycle and fired upon the informant, as a result injured received grievous injury. Learned counsel for the applicant submitted that though the injured received grievous injury but now the applicant and opposite party no.2 have amicably settled their dispute out of the Court. The Investigating Officer submitted charge sheet against the applicant only. The statement of informant P.W. 1 and P.W. 2 has been filed with supplementary affidavit. It is next submitted that though the injuries are grievous in nature but in view of the Apex Court Judgment passed in State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein the Hon. Court has held that the Court should avoid to exercise the power in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity etc. Such offences are not private in nature and have a serious impact on society. Further submission is that since the applicant and informant are relative, Mama and Bhanja and have settled the matter and the applicant approached this Hon'ble Court by filing this 482 application with prayer to quash the proceedings in terms of compromise entered between the parties, the Hon'ble Court vide order dated 28.06.2024 sent the matter before the trial court for verification of the parties and compromise application. Trial court vide order dated 16.07.2024 has sent verification report to this Court. A copy of the same is annexed with the supplementary application. He further submitted that applicant and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicant and opposite party no.2 have settled through compromise their private and civil dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicant. 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. 4. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed. 5. Learned AGA submitted that both the parties have settled their dispute out of the Court, hence, no reason to proceed further. 6. The Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble 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. and another [2013 (83) ACC 278], in which, law expounded by the Hon'ble 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 learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case. 8. Accordingly, the proceedings of Case No. 437 of 2008 (State Vs. Kuldeep) arising out of Case Crime No. 41 of 2008, under section 307 I.P.C., P.S. Bahadurgarh, District Hapur, is hereby quashed. 9. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 7.8.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad