MUNNA KHAN @ MOHAMMAD HASAN AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
A482/39356/2023 · 2025-02-13
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56357 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56357 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:21001 Court No. - 74 Case :- APPLICATION U/S 482 No. - 39356 of 2023 Applicant :- Munna Khan @ Mohammad Hasan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Rana Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Shri Deepak Rana, learned counsel for the applicants, who are five in number, Shri S.K. Singh, learned A.G.A. appearing on behalf of the State-respondents. 2. In view of the order which is being proposed to be passed, notices are not being issued to the opposite party No.2. but his interest is safeguarded. 3. This court, while entertaining the present application on 17.09.2024, proceeded to pass the following orders:
"1. Heard Mr. Deepak Rana, learned counsel for the applicants as well as Mr. D.P. Singh, learned AGA for the State and perused the material on record. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of criminal case including summoning order dated 19.07.2022 as well as charge sheet dated 18.07.2022 in Criminal Case No.25200 of 2022 (State vs. Sazid and Others), arising out of Case Crime No.538 of 2021, under Sections 498-A, 323, 504, 376 I.P.C. and Section 3/4 of D.P. Act, Police Station- Quarsi, District- Aligarh as well as stay the further proceeding of the aforesaid case, pending in the Court of Chief Judicial Magistrate, Aligarh, in pursuance of compromise deed dated 12.01.2024. 3. Learned counsel for the applicants submits that initially protection was granted to the applicants by order dated 02.11.2023. During the pendency of the present application, the parties have amicably settled their dispute and have entered into compromise. The compromise deed has been annexed as annexure no.1 of the supplementary affidavit filed by the learned counsel for the applicants. Therefore, continuance of proceedings against the applicants would be a futile exercise and wastage of time of the Court and will be abuse of process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303. 4. Learned AGA also does not dispute the correctness of the submissions made by the learned counsel for the applicants. 5.
Whether a compromise has taken place or not can at best be ascertained by the court, where the proceedings are pending, after ensuring the presence of the parties before it. 6. In view of the above, both the parties are directed to appear before the court below along with copy of compromise deed as well as a certified copy of this order within a two week from today. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, after hearing the informant, as expeditiously as possible, preferably within a period of four weeks from today. While passing the order verifying the compromise, the concerned court shall also record the statement of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not? 7. Upon due verification of compromise, the court below may pass appropriate order in that regard and send a report to this Court. 8. List this case on 18.10.2024. 9. Till then, no coercive measure shall be taken against the applicants in the aforesaid case. "
4. There is a report from the Chief Judicial Magistrate, Aligarh dated 17.10.2024 that the compromise has been entered into and also verified on 14.10.2024. Learned counsel for the applicant submits that now nothing remains to be further proceeded with. 5. Learned AGA has no objection. 6. Considering the submissions made at the bar, the application stands disposed of. 7. In view of the above, entire proceeding of criminal case including summoning order dated 19.07.2022 as well as charge sheet dated 18.07.2022 in Criminal Case No.25200 of 2022 (State vs. Sazid and Others), arising out of Case Crime No.538 of 2021, under Sections 498-A, 323, 504, 376 I.P.C. and Section 3/4 of D.P. Act, Police Station- Quarsi, District- Aligarh are hereby quashed.
Order Date :- 13.2.2025 K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad