NEMA DEVI AND 6 OTHERS v. STATE OF U.P. AND ANOTHER
A482/11392/2024 · 2025-02-26
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48508 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48508 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:27108 Court No. - 78 Case :- APPLICATION U/S 482 No. - 11392 of 2024 Applicant :- Nema Devi And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vipin Gangwar Counsel for Opposite Party :- Amit Kumar Verma,G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Vipin Gangwar, learned counsel for the applicants, Sri Amit Kumar Verma, learned counsel for the opposite party no.2 and Sri Birendra Pratap Singh,
learned counsel for the State and perused the record.
3. This application under Section 482 Cr.P.C. has been filed by the applicants- Nema Devi, Meera Devi, Laxmi Devi, Anil Kumar, Raju, Tejpal and Dhirendra Kumar, with the prayer to allow this application and quash the entire proceeding as well as impugned charge-sheet dated 13.04.2018 & cognizance/summoning order dated 19.05.2018 in Case No. 1274 of 2018 (State Vs. Nema Devi and others) arising out of Case Crime No. 0449 of 2017, under Sections 420, 467, 468, 471 I.P.C., Police Station Devraniya, District Bareilly, pending in the court of Judicial Magistrate, Baheri, District Bareilly, with a further prayer that proceeding of the aforesaid case be stayed during the pendency of the present application.
4. The office vide its report dated 25.02.2025 reported that a report from the Civil Judge (J.D.) / Judicial Magistrate, Baheri, Bareilly through the District Judge, Bareilly, has been received, wherein it has been stated that compromise between the parties has been verified vide its report dated 01.08.2024.
5. 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 the present Criminal Misc. Application U/S 482 Cr.P.C. before this Court in which an
order for verification of the compromise was passed on 19.07.2024. 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
01.08.2024. It is argued that the opposite party no. 2 is 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.
6. Learned counsel for the opposite party no.2 and 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 :- 27.2.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad