Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 58632 (ALL)

BHAGWAN MODI @ PAPPU AND 5 OTHERS v. State of UP AND ANOTHER

A482/14633/2024 · 2025-05-20

Deepak Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:86005 Court No. - 84 Case :- APPLICATION U/S 482 No. - 14633 of 2024 Applicant :- Bhagwan Modi @ Pappu And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aishwarya Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants 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. 204 of 2023 dated 29.08.2023, Cognizance order dated 13.10.2023 as well as the entire proceedings of Case No. 24636 of 2023 (State Vs. Bhagwan Modi @ Pappu and Others), arising out of Case Crime No. 164 of 2023, under Sections 406, 419, 420 I.P.C., Police Station- Ganjdundwara, District- Kasganj, pending before the learned court of Chief Judicial Magistrate, Kasganj. 3. 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 settlement agreement, thereafter, 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 06.05.2024 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 22.05.2024 verified the parties as well as contents of settlement agreement. The verification report dated 22.05.2024 has been sent to this Court by Chief Judicial Magistrate, Kasganj vide letter dated 29.05.2024. 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. 4. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 5. 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. 6. 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. 7. Accordingly, the impugned Charge-sheet No. 204 of 2023 dated 29.08.2023, Cognizance order dated 13.10.2023 as well as the entire proceedings of Case No. 24636 of 2023 (State Vs. Bhagwan Modi @ Pappu and Others), arising out of Case Crime No. 164 of 2023, under Sections 406, 419, 420 I.P.C., Police Station- Ganjdundwara, District- Kasganj, pending before the learned court of Chief Judicial Magistrate, Kasganj, are hereby quashed. 8. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 21.5.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad