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2025 DAILYLAW 66307 (ALL)

ARAFAT AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/21722/2024 · 2025-07-02

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:102993 Court No. - 72 Case :- APPLICATION U/S 482 No. - 21722 of 2024 Applicant :- Arafat And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Srivastava,Ch. Dil Nisar Counsel for Opposite Party :- G.A.,Viresh Kumar Yadav 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 dated 06.04.2022, cognizance order dated 29.08.2022 as well as entire proceedings of Case No.4131 of 2024 (State vs. Ashfaq @ Arafat & others) arising out of Case Crime No.49 of 2022, under sections 420, 406 I.P.C., Police Station Janakpuri, District Saharanpur, pending in the court of Additional Chief Judicial Magistrate, II, Saharanpur. 3. Learned counsel for the applicants submitted that applicants are innocent and have been falsely implicated in the present case. Learned counsel for the applicants submitted that the parties have amicably settled the dispute out of Court and on account of compromise entered between the parties on 24.04.2024, which is filed at Annexure SA-1 of the supplementary affidavit. This Court by orders dated 01.08.2024 & 03.09.2024 directed the parties to appear before the trial court for verification of compromise. Parties appeared before the trial court on 10.02.2025 and they have been verified by the trial court through their counsels and contents of agreement between the parties. A verification report in this regard available on paper-book. Learned counsel for the applicants has also filed verification report through supplementary affidavit. Opposite party no.2 does not want to pursue the case further and proceeding be quashed in terms of compromise. 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 criminal proceeding in Case No.4131 of 2024 (State vs. Ashfaq @ Arafat & others) arising out of Case Crime No.49 of 2022, under sections 420, 406 I.P.C., Police Station Janakpuri, District Saharanpur, pending in the court of Additional Chief Judicial Magistrate, II, Saharanpur, pending in the court of Additional Chief Judicial Magistrate, II, Saharanpur, is hereby quashed. 8. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 3.7.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad