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2025 DAILYLAW 54421 (ALL)

SHAHE ALAM v. STATE OF U.P. AND ANOTHER

A482/38759/2014 · 2025-03-18

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40086 Court No. - 76 Case :- APPLICATION U/S 482 No. - 38759 of 2014 Applicant :- Shahe Alam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- Kashif Gilani Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State-respondent, and perused the entire record. 2. The instant application has been preferred with the prayer to quash the order dated 20.3.2014 as well as proceedings of Case No. 194 of 2014 titled State vs. Mohd. Yasin and others, arising out of Case Crime No. 427 of 2013, under Section 147, 504, 506, 323 IPC, P.S. Bilari, District Moradabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 1, Moradabad, on the basis of a compromise. 3. Learned counsel for the applicant submits that since the parties had settled their dispute outside the court and compromised the matter on 24.3.2022. It is further submitted that since parties have settled the dispute, opposite party no.2 does not want to proceed with trial, therefore, no fruitful purpose would be served by keeping the matter pending. 4. Per contra, learned A.G.A. submits that since the dispute between the parties has been settled and opposite party no.2 has no objection, therefore, the proceedings of the aforesaid case pending before the trial court is quashed. 5. I have considered the submissions made by the learned counsel for the parties, and have gone through the entire record. 6. Since the dispute between the parties has been amicably settled, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply a waste of judicial time as chances of conviction are very bleak. 7. In such circumstances, the order dated 20.3.2014 as well as proceedings of Case No. 194 of 2014 titled State vs. Mohd. Yasin and others, arising out of Case Crime No. 427 of 2013, under Section 147, 504, 506, 323 IPC, P.S. Bilari, District Moradabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 1, Moradabad, against the applicant, is hereby quashed. 8. The instant petition stands allowed, accordingly. Order Date :- 19.3.2025 Ujjawal Justice Vinod Diwakar Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad