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2025 DAILYLAW 62470 (ALL)

ZAFAR AND ANOTHER v. State of U.P. AND ANOTHER

A482/19860/2024 · 2025-07-10

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111382 Court No. - 72 Case :- APPLICATION U/S 482 No. - 19860 of 2024 Applicant :- Zafar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dinesh Kumar Yadav,Gaurav Bhartiya Counsel for Opposite Party :- Atmaram Nadiwal,G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants; Sri Rahul Kumar Pal, Advocate holding brief for Sri Atmaram Nadiwal, counsel for the opposite party no.2; learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 01.07.2020; cognizance order dated 03.02.2021 passed by ACJM Maharajganj, in Sessions Trial No.13 of 2023 arising out of case crime No.71 of 2020, under Sections 323, 504, 308 and 325 IPC, Police Station Nautanwa District Maharajganj, in the light of compromise dated 12.04.2024. 3. Learned counsel for the applicants submits that vide order dated 03.12.2024, following order was passed: "Learned counsel for both the parties jointly submitted that parties settled their dispute with regard to offence punishable under Sections 308, 323, 325, 504 of I.P.C. on the basis of compromise dated 12.4.2024. Certified copy of the compromise has been filed. Both the parties are directed to appear before the court concerned within six weeks from today for verification. Court concerned is directed to verify the same. Applicants are directed to file supplementary affidavit annexing certified copy of the verified compromise as well as verification proceedings. Put up this case as fresh on 28.4.2025. Interim order, if any, is extended till the next date of listing." 4. Pursuant to the said order dated 03.12.2024, the parties appeared before the court below and in their presence, after due verification of the contents of the compromise made between the parties, order dated 17.01.2025 has been passed by the court verifying the said compromise. A copy of the same is annexed with the application. Thereafter, the court below has also sent the verification order to this Court through letter dated 20.02.2025. 5. Learned counsel for the applicant has submitted that the applicant and opposite party no.2 have settled their private and civil dispute through compromise and as such opposite party no.2 does not wish to press the aforesaid case against the applicant. 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 A.G.A. and counsel for the opposite party no. 2 do not dispute the correctness of the submission made by learned counsel for the applicant or the correctness of the documents relied upon by him. 7. In view of the facts and circumstances of the case, the applicant and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further. 8. Thus in view of the well settled principle of law as laid down by the 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 proceedings of Sessions Trial No.13 of 2023 arising out of case crime No.71 of 2020, under Sections 323, 504, 308 and 325 IPC, Police Station Nautanwa District Maharajganj, is hereby quashed. 9. The application under Section 482 CrPC is accordingly allowed. Order Date :- 11.7.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad