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Neutral Citation No. - 2025:AHC:55465
Court No. - 84 Case :- APPLICATION U/S 482 No. - 18119 of 2024 Applicant :- Hariom And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Kumar Pandey Counsel for Opposite Party :- Chandra Prakash Pandey,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 cognizance summoning order dated 20.12.2020 passed by Judicial Magistrate-1, Bareilly as well as quash the proceeding of Case No. 4828 of 2021 arising out of Case Crime No. 122 of 2018, Under Section 147, 452, 323, 504, 506, I.P.C as well as Charge Sheet No. 136 of 2018 (10.10.2018) & charge sheet No. 136A of 2018 (Dated 28.12.2018), Police Station Aliganj, District Bareilly. 3. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicant had earlier filed 482 application bearing No.24634 of 2023 in which Hon'ble Court vide order dated 12.07.2023 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 08.08.2023 verified the parties as well as compromise application. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. Applicant has also filed verification report with supplementary affidavit. He further submitted that applicants and opposite party no.2 have settled through compromise their private and civil dispute and as such opposite party no.2 does 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. 4. Learned counsel appearing for the opposite party no.2 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 no. 2 has 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 20.12.2020 as well as proceeding of Case No. 4828 of 2021 arising out of Case Crime No. 122 of 2018, Under Section 147, 452, 323, 504, 506, I.P.C as well as Charge Sheet No. 136 of 2018 (10.10.2018) & charge sheet No. 136A of 2018 (Dated 28.12.2018), Police Station Aliganj, District Bareilly, passed by Judicial Magistrate-1, Bareilly, is hereby quashed. 9. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 16.4.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad