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Neutral Citation No. - 2025:AHC:55893 Court No. - 84 Case :- APPLICATION U/S 482 No. - 16161 of 2024 Applicant :- Manoj And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- Brijesh Kumar Pandey,G.A. 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.89 of 2021 dated 27.05.2021 in Criminal Case No.4639 of 2023 (State vs. Manoj and others) arising out of Case Crime No.81of 2021, under sections 323, 325, 308 & 504 I.P.C., Police Station Rehra, District J.P.Nagar (Amroha), pending in the court of Chief Judicial Magistrate, J.P.Nagar (Amroha). 3. Learned counsel for the applicants submitted that instant FIR registered by opposite party no.2 (father), who is now no more, against four persons in regard to assaulting the informant. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. Applicants and informant are family members. On account of some dispute, the incident occurred and injured received simple injury. Investigating Officer has submitted charge-sheet against the applicants and he has found nothing against the named accused person Sudesh and Investigating Officer has exonerated co- accused Sudesh. Informant Kashiram is no more and he died on
27.12.2022. The son of the informant on 01.09.2024 moved application before the Chief Judicial Magistrate, J.P.Nagar (Amroha) that he may be impleaded in place of his father to do pairvi of the case. Thereafter, opposite party no.2 entered into agreement with the applicants. Compromise deed is filed as Annexure 4 to the application. Instant 482 application has filed for quashing of the proceeding pending before trial court on account of compromise entered between the parties. This Court by order dated 04.10.2024 directed the parties to appear before the court below and trial court shall verify the parties and compromise and after verification the same shall be send to this Court. Verification report is on record. Learned counsel for the applicants states that since parties have compromised the matter and they have family
members on persuasion of senior members of the society, they entered into compromise and do not want to pursue the case further. There is no need to keep the proceeding pending against the applicants.
4. As per report dated 29.10.2024 of Chief Judicial Magistrate, Amroha, it is apparent that on 17.10.2024 parties appeared before trial court and they have been verified by the trial court through their counsels. 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. He next submits that injuries received by the injured are not on vital part of the body. 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 criminal proceeding in Case No.4639 of 2023 (State vs. Manoj and others) arising out of Case Crime No.81of 2021, under sections 323, 325, 308 & 504 I.P.C., Police Station Rehra, District J.P.Nagar (Amroha), pending in the court of Chief Judicial Magistrate, J.P.Nagar (Amroha), is hereby quashed. 10. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 16.4.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad