SUSHMA JAIN AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A482/14411/2024 · 2025-08-06
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 58537 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 58537 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:133627 Court No. - 72 Case :- APPLICATION U/S 482 No. - 14411 of 2024 Applicant :- Sushma Jain And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Supplementary affidavit filed today, is taken on record. 2. Heard learned counsel for the applicants and learned A.G.A. for the State. 3. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 11.01.2016 as well as the entire proceeding of Criminal Case No. 1336 of 2016 (State vs. Shushma Jain and others), arising out of Case Crime No. 1476 of 2015, under Sections 452, 504 I.P.C., Police Station- Firozabad North, District- Firozabad, pending in the Court of Chief Judicial Magistrate, Firozabad on the basis of compromise deed dated 07.10.2023. 4. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court and entered into a compromise dated 07.10.2023. Applicants 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 02.05.2024 passed following order:-
"1. Heard Sri Ajay Kumar Yadav, learned counsel for the applicant, Shri S.K. Chandraul, learned AGA for the State and perused the records. 2. The present application under Section 482 Cr.P.C. has been filed for quashing of the entire proceeding including charge sheet dated 11.01.2016 in Criminal Case No. 1336 of 2016 (State Vs. Shushma Jain and others) arising out of Case Crime No. 1476 of 2015, under Sections 452, 504 I.P.C., Police Station Firozabad North, District Firozabad, pending in the court of Chief Judicial Magistrate, Firozabad on the basis of compromise. 3. It is submitted by learned counsel for the applicant that the parties have amicably settled their disputes outside the Court and the opposite party no.2 does not want to prosecute the applicants. The compromise has taken place on 07.10.2023 and the compromise-deed has been annexed as Annexure-3 to
the affidavit filed in support of the application. 4. Learned counsel appearing for the opposite party no.2 does not dispute the aforesaid facts. 5.
In view of above facts, the parties shall file an application along with the compromise-deed before the concerned Court below and appear before the Court concerned for verification of the compromise on 07.10.2023. On receiving the said application the Court below shall take steps for verification of the compromise and prepare a verification report. The concerned Court shall send the verification report to this Court, which may be placed in the file. 6. List on 05-07-2024 along with report of verification of compromise. 7. Till then, no coercive action shall be taken against the applicants in pursuance of the aforesaid proceedings. "
5. In pursuance of the order of this Court dated 02.05.2024, the Trial court vide order dated 24.06.2024 verified the parties as well as compromise application through their counsels. Learned counsel for the applicants has filed the verification report dated 24.06.2024 along with supplementary affidavit. 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. 6. Learned AGA 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 charge sheet dated 11.01.2016 as well as the entire proceeding of Criminal Case No. 1336 of 2016 (State vs. Shushma Jain and others), arising out of Case Crime No. 1476 of 2015, under Sections 452, 504 I.P.C., Police Station- Firozabad North, District- Firozabad, pending in the Court of Chief Judicial Magistrate, Firozabad, are hereby quashed. 10. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 7.8.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad