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2025 DAILYLAW 51492 (ALL)

MUNAZIR AND 5 OTHERS v. State of U.P. AND 2 OTHERS

A482/12383/2024 · 2025-07-16

Deepak Verma

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Judgment text

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Neutral Citation No. - 2025:AHC:116040 Court No. - 72 Case :- APPLICATION U/S 482 No. - 12383 of 2024 Applicant :- Munazir And 5 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Meraj Ahmad Khan Counsel for Opposite Party :- G.A.,Krishna Madhaw Pandey Hon'ble Deepak Verma,J. 1. Supplementary affidavit filed in Court today is taken on record. 2. Heard Shri Meraj Ahmad Khan, learned counsel for the applicants, Shri Krishna Madhaw Pandey, learned counsel for the informant, and learned A.G.A. for the State. 3. The present 482 Cr.P.C. application has been filed to quash the chargesheet dated 24.11.2020 as well as cognizance/summoning order dated 06.08.2021 passed in Session Case No. 213 of 2023 (State versus Munazir and Others) arising out of Case Crime No. 975 of 2020 registered under Sections 147,323, 324, 452, 504, 427, 307 I.P.C. Police Station-Majhola, District-Moradabad pending in the court of Additional District and Session Judge, Court No. 6, Moradabad. 4. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicant approached this Hon'ble Court by filing this 482 application with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 27.04.2024 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 15.05.2024. verified the parties as well as compromise application. He further submitted that applicants 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 applicants 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 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. 5. 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. 6. Learned A.G.A. submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 7. 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. 8. 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. 9. Accordingly, the impugned chargesheet dated 24.11.2020 as well as cognizance/summoning order dated 06.08.2021, are hereby quashed. 10. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 17.7.2025 SY Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad