HARVEER AND 5 OTHERS v. STATE OF U.P. AND 4 OTHERS
A482/18146/2024 · 2025-07-23
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 66244 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 66244 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:122044 Court No. - 72 Case :- APPLICATION U/S 482 No. - 18146 of 2024 Applicant :- Harveer And 5 Others Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.,Pradeep Kumar Pandey Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants, learned counsel for the opposite parties, 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 Case No.7139/IX of 2019 (State Vs. Harveer and others) arising out of Case Crime No.126 of 2019 (State of U.P. vs. Harveer and others), under Sections 147, 148, 149, 323, 504, 506, 308, 325 I.P.C., Police Station Raya, District Mathura, pending in the Court of Judicial Magistrate 12, Mathura.
3. Learned counsel for the applicants submits that the applicants and opposite party nos. 2 to 5 have amicably settled their dispute out of Court and entered into compromise and they have filed present application to quash the proceeding pending against the applicants in terms of compromise arrived between the parties.
Learned counsel for the applicants submits that the opposite party nos. 3 to 5 are injured and received injuries but they all have compromised the matter with the applicants without undue pressure and they do not want to pursue the case further against the applicants. 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 02.08.2024 directed the parties to appear before the court below for verification of compromise dated 27.09.2022 (Annexure 4 to the application). The order dated 02.08.2024 is being quoted below:-
"1. List revised. 2. Heard Sri Sushil Kumar Pandey, learned counsel for the applicants, Sri Pradeep Kumar Pandey, learned counsel for the opposite party nos.2 to 5 and Sri Ram Prakash Shukla, learned State counsel and perused the record. 3. Learned counsel for the applicants argued that the parties have entered into compromise which is dated 27.09.2022, copy of the said compromise is annexed as Annexure no. 4 to the affidavit in support of present 482 Cr.P.C. application. It is argued that as such the present proceedings be quashed. 4. Looking to the facts of the case, it is provided that the applicants shall file the said compromise within a period of two weeks from today before the court concerned who shall verify the same within three weeks thereafter and send its report to this Court. 5. List on 13.09.2024. 6. Till the next date of listing, no coercive action shall be taken against the applicants- Harveer, Chandraveer, Satendra, Hambir, Dalveer and Ranveer Singh, in Case No. 7139/IX of 2019 (State vs. Harveer and others), arising out of Case Crime No. 126 of 2019, under Sections 147, 148, 149, 323, 504, 506, 308, 325 I.P.C., Police Station Raya, District Mathura, pending before the Judicial Magistrate- 12, Mathura."
4. Pursuant to the said order dated 02.08.2024, the parties appeared before the court below and after due verification of the parties and contents of the compromise made between them, the court below vide order dated 22.08.2024 has passed the verification order. Verification report is available on record. 5.
Learned counsel for the applicants has submitted that the applicants and opposite party nos.2 to 5 have settled their private and civil dispute through compromise and as such opposite party nos.2 to 5 do not wish to press the aforesaid case against the applicants. Opposite party nos.2 to 5 are 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 nos.2 to 5 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 proceedings of Case No.7139/IX of 2019 (State Vs. Harveer and others) arising out of Case Crime No.126 of 2019 (State of U.P. vs. Harveer and others), under Sections 147, 148, 149, 323, 504, 506, 308, 325 I.P.C., Police Station Raya, District Mathura, pending in the Court of Judicial Magistrate 12, Mathura, 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