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2025 DAILYLAW 67126 (ALL)

JAI SINGH AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/18468/2024 · 2025-07-02

Deepak Verma

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Judgment text

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Neutral Citation No. - 2025:AHC:103258 Court No. - 72 Case :- APPLICATION U/S 482 No. - 18468 of 2024 Applicant :- Jai Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suresh Chandra Counsel for Opposite Party :- Alok Tripathi,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 dated 27.10.2008 as well as entire proceedings of Criminal Case No.2706 of 2008 (State vs. Jai Singh & others) arising out of Case Crime No.211 of 2008, under sections 420, 467, 468, 471, 120B I.P.C., Police Station Fatehabad, District Agra, pending in the court of Judicial Magistrate, Fatehabad, Agra. 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 on account of compromise entered between the parties on 17.08.2023, which is filed at Annexure No.3 to the affidavit. Earlier applicants have filed Application u/s 482 Cr.P.C. No.36060 of 2023 and this Court by order dated 13.12.2023 directed the parties to appear before the trial court for verification of compromise and contents of agreement entered between the parties. In pursuance of this Court order, parties appeared before the trial court and by order dated 23.04.2024, they have been verified by the trial court and contents of agreement entered between the parties. From the verification report, it was found that accused Ved Prakash (applicant no.4) was no more, therefore, proceeding against Ved Prakash (applicant no.4), has been abated. Thereafter, trial court has verified applicant nos.1 to 3 through their counsels. A verification report dated 23.04.2024 is annexed as Annexure 8 to the affidavit. Opposite party no.2 does not want to pursue the case further and proceeding be quashed in terms of compromise. 4. Learned AGA and learned counsel for the opposite party no.2 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 Criminal Case No.2706 of 2008 (State vs. Jai Singh & others) arising out of Case Crime No.211 of 2008, under sections 420, 467, 468, 471, 120B I.P.C., Police Station Fatehabad, District Agra, pending in the court of Judicial Magistrate, Fatehabad, Agra, 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