RAFI KHAN AND 5 OTHERS v. State of U.P. AND ANOTHER
A482/16875/2024 · 2025-07-23
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65430 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65430 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:122012 Court No. - 72 Case :- APPLICATION U/S 482 No. - 16875 of 2024 Applicant :- Rafi Khan And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- Basu Dev,G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants, learned 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 entire proceedings of S.S.T No.12 of 2003 (Ejazul Hasan Vs. Rafi Khan and others), under Sections 395, 397, 307, 506 I.P.C., Police Station Kamatganj, District Farrukhabad, pending in the Court of Special Judge (D.A.A.), Farrukhabad, in terms of compromise dated 04.07.2023.
3. Learned counsel for the applicants submits that the applicants and opposite party no.2 have amicably settled the dispute out of Court in terms of compromise dated 04.07.2023. It is next submitted that the applicants filed 482 application before this Court to quash the proceedings as both the parties have amicably settled the dispute out of the court. This Court vide order dated 31.01.2025 directed the parties to appear before the court below within six weeks for verification of compromise dated 04.07.2023 (Annexure 3 to the application). The order dated 31.01.2025 is being quoted below:-
"Supplementary affidavit filed today is taken on record.
Learned counsel for the applicant, learned counsel opposite party no.2 and learned AGA for the State are present.
Learned counsel for both the parties submitted that parties settled their dispute arising out of offence punishable under Sections 395, 397, 307, 506, IPC, on the basis of compromise dated 04.07.2023. Original compromise is annexed at page nos.6(Annexure No.1) of the short counter affidavit dated 26.11.2024. Office is directed to send the same to court concerned for verification immediately after retaining a photocopy of the same.
Both the parties are directed to appear before the court concerned for verification of compromise within six weeks from today for verification of the compromise. Court concerned is directed to verify the same. Applicant is directed to file supplementary affidavit annexing certified copy of the compromise as well as proceedings of verification of compromise. Put up this case on 17.05.2025. Till the next date of listing, further proceedings of S.S.T. No.12 of 2003 (Ejazul Hasan Vs. Rafi Khan and others), under Sections 395, 397, 307, 506, IPC, Police Station Kamalganj, District Farrukhabad, pending before the Special Judge (D.A.A.), Farrukhabad, shall remain stayed against the applicant. Learned AGA for the State may file counter affidavit, if any, till the next date of listing."
4. Pursuant to the said order dated 31.01.2025, the parties appeared before the court below and after due verification of the parties and contents of the compromise made between them, the court vide
order dated 17.04.2025 has passed the verification order. A copy of the same is available as Annexure SA-1 with the supplementary affidavit.
5. Learned counsel for the applicants has submitted that the applicants and opposite party no.2 have settled their private and civil dispute through compromise and as such opposite party no.2 do 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. In view of the facts and circumstances of the case, the applicants 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.
7. 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 proceeding of S.S.T No.12 of 2003 (Ejazul Hasan Vs. Rafi Khan and others), under Sections 395, 397, 307, 506 I.P.C., Police Station Kamatganj, District Farrukhabad, pending in the Court of Special Judge (D.A.A.), Farrukhabad, is hereby quashed.
8. The application under Section 482 Cr.P.C is accordingly allowed.
Order Date :- 24.7.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad