Neutral Citation No. - 2025:AHC:13050 Court No. - 78 Case :- APPLICATION U/S 482 No. - 18317 of 2024 Applicant :- Ghyas Ahmad And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Tazim,Shahzad Alam Counsel for Opposite Party :- G.A.,Satendra Kumar Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Shahzad Alam, learned counsel for the applicants and Sri Ram Prakash Shukla, learned counsel for the State and perused the record. Sri Satendra Kumar, learned counsel for the opposite party no.2 is not present even when the matter is taken in the revised list. 3. This application under Section 482 Cr.P.C. has been filed by the applicants- Ghyas Ahmad, Saif Ahmad and Kaish Ahmad, with the prayer to allow this application and quash the entire proceeding as well as impugned charge-sheet dated 17.01.2023 & cognizance order dated 31.01.2023 in Case No. 192 of 2023 (State of U.P. Vs. Ghyas Ahmad and others) arising out of Case Crime No. 510 of 2022, under Sections 308, 323, 504, 506 I.P.C., Police Station Nizamabad, District Azamgarh, pending in the court of A.C.J.M., Court No.10, Azamgarh, with a further prayer that proceeding of the aforesaid case be stayed, during the pendency of the present application. 4. The office vide its report dated 23.01.2025, reported that a report from the Additional District & Sessions Judge, Court No.07, Azamgarh through the District Judge Azamgarh, has been received, wherein it has been stated that compromise between the parties has been verified vide its report dated 14.08.2024. 5. Learned counsel for the applicants while placing paragraph 14, 15 & 16 has submitted that the opposite party no.2 got himself medically examined on 07.12.2022 in which all the injuries were opined to be simple in nature except for the injury no.5 which was referred to radiologist for X-Ray examination but he did not get his X-Ray examination conducted and the Investigating Officer without collecting any such X-Ray or radiological report added Section 308 I.P.C. It is submitted that as such the said injury can also be considered to be an injury of simple nature. It is argued that the parties have settled the dispute amicably out of court and on the basis of compromise the applicants filed the present Criminal Misc. Application U/S 482 Cr.P.C. before this Court in which an order for verification of the compromise was passed on 05.08.2024. It is argued that in compliance of the said order, the parties have filed the order of this Court along with compromise application before the concerned court for its verification after which the concerned court has verified the said compromise vide its order dated 14.08.2024. It is argued that the opposite party no. 2 is not interested to pursue the matter pending in the trial court and is not inclined to give any evidence against the applicants and therefore the impugned proceedings be quashed on the ground of compromise between the parties. 6. Learned counsel for the State could not dispute the fact that the matter has been amicably settled between the parties which was duly verified by the concerned trial court. 7. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed. 8. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the entire proceedings of case as prayed for by the applicants. 9. The present application is allowed. 10. The entire proceedings of the said case are hereby quashed subject to the applicants depositing Rs.10,000/- before the concerned trial court which shall be utilized by the District Legal Services Authority of the district. Order Date :- 24.1.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad