Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 67093 (ALL)

AMIT AHIRWAR v. State of UP AND 2 OTHERS

A482/37296/2024 · 2025-07-14

Deepak Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:113951 Court No. - 72 Case :- APPLICATION U/S 482 No. - 37296 of 2024 Applicant :- Amit Ahirwar Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Chandra Prakash Pandey,Saurabh Mishra Counsel for Opposite Party :- Ashutosh Dwivedi,G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, 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 cognizance/summoning order dated 10.06.2022 passed by Additional Chief Judicial Magistrate, Court No.1, Jhansi, charge- sheet no.219 of 2020 dated 15.12.2020 as well as quash the proceedings of Case No.11911 of 2022 (State Vs. Amit Ahirwar), arising out of Case Crime No.214 of 2020, under Sections 363, 366 I.P.C., P.S. Raksa, District Jhansi. 3. Learned counsel for the applicant submits that allegation against the applicant is that applicant enticed away the minor daughter of opposite party no.2. The opposite party no.3 victim has not supported the prosecution story and as per her High-school mark- sheet she was more than 18 years. Learned counsel for the applicant submitted that applicant and opposite party nos.2 and 3 have amicably settled their dispute out of the Court. Applicant earlier approached this Hon'ble Court by filing 482 application no.593 of 2024 with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 19.2.2024 disposed of the application with the direction that parties shall appear before the court below for verification of the parties and compromise application. Trial court vide order dated 9.4.2024 verified the parties as well as compromise application through their counsels. The verification report is annexed as Annexure-2. He further submitted that applicant and opposite party nos.2 and 3 compromised the matter and opposite party nos.2 and 3 do not want to proceed the matter against the applicant. He further submitted that applicant and opposite party nos.2 and 3 have settled through compromise their private and civil dispute and as such opposite party nos.2 and 3 do not wish to press the aforesaid case against the applicant. It is further submitted that the applicant and opposite party no.3 has solemnized marriage and opposite party no.3 is living with applicant as her wife. Opposite party nos.2 and 3 are ready to withdraw the prosecution of the applicant and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 4. Learned counsel appearing for the opposite party nos.2 and 3 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 nos. 2 and 3 have no objection, if the proceedings in the aforesaid case are quashed. 5. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 6. 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. 7. 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. 8. Accordingly, the impugned cognizance/summoning order dated 10.06.2022 passed by Additional Chief Judicial Magistrate, Court No.1, Jhansi, charge-sheet no.219 of 2020 dated 15.12.2020 as well as the proceedings of Case No.11911 of 2022 (State Vs. Amit Ahirwar), arising out of Case Crime No.214 of 2020, under Sections 363, 366 I.P.C., P.S. Raksa, District Jhansi, are hereby quashed. 9. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 15.7.2025 Kpy Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad