Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 713 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicants, learned counsel for the informant, and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the Charge Sheet No.112 of 2008 cognizance/summoning order dated 13.2.2009 passed by Civil Judge (Senior Division), Judicial Magistrate, Atrauli, Aligarh as well as entire proceeding of Original Case No.149 of 2009 (State Vs. Ankit and another) arising out of Case Crime No.198 of 2008, under Section 354 I.P.C., Police Station-Pali Mukimpur, District-Aligarh, in terms of compromise dated 21.04.2025. 3. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. This Court vide order dated 7.5.2025 has passed the following order:-
"Supplementary affidavit filed today is taken on record. Learned counsel for both the parties jointly submitted that parties have settled their dispute with regard to the offences punishable under Sections 354 of IPC on the basis of compromise dated 21.04.2025. The original copy of the compromise is on record as Annexure No.SA-1 to the supplementary affidavit. Office is directed to send the original compromise to the court concerned for verification after retaining xerox copy of the same. Both the parties are directed to appear before the Trial Court within six weeks from Versus Counsel for Applicant(s) : Abhishek Mishra Counsel for Opposite Party(s) : G.A., Prabhat Tripathi Ankit And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
today. Trial Court is directed to verify the aforesaid compromise. Applicants are directed to file certified copy of the verified compromise as well as verification report by way of supplementary affidavit. Put up this case on 8.9.2025, as fresh. Till the next date of listing, further proceedings of Criminal Case No.149 of 2009 (State v. Ankit and another), arising out of Case Crime No. 198 of 2008, under Sections 354 of IPC, Police Station Pali Mukimpur, District Aligarh, pending in the Court of Civil Judge (Sr. Division), / Judicial Magistrate, Atrauli, Aligarh shall remain stayed against the applicants."
4. In pursuance of order dated 7.5.2025 passed by this Court parties appeared before the trail court. Trial court vide order dated 03.07.2025 verified the parties as well as compromise application.
The verification report dated 3.7.2025 is filed in the supplementary affidavit as Annexure No.S.A.-1. 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 AGA submitted that both the parties have settled their dispute out of the Court, hence, no reason to proceed further. 7. Thus in view of the well settled principle of law as laid down by the A482 No. 713 of 2025 2
Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceeding of Original Case No.149 of 2009 (State Vs. Ankit and another) arising out of Case Crime No.198 of 2008, under Section 354 I.P.C., Police Station-Pali Mukimpur, District-Aligarh is hereby quashed. 8. This application under Section 482 Cr.P.C. is accordingly allowed.
September 8, 2025 Md Faisal A482 No. 713 of 2025 3 (Deepak Verma,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad