SEETARAM AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A482/19379/2024 · 2025-07-16
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 70252 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 70252 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:115973 Court No. - 72 Case :- APPLICATION U/S 482 No. - 19379 of 2024 Applicant :- Seetaram And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sapan Kumar Singh Counsel for Opposite Party :- G.A.,Sanjay Shukla Hon'ble Deepak Verma,J.
1. Heard Sri Praveen Singh, Advocate holding brief of Sri Sapan Kumar Singh, 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 entire proceedings of Session Trial no. 463 of 2013, arising out of Case Crime No. 89 of 2012, under Section 323/34, 325/34, 308/34, 504, 506 of the 1.P.C. lodged at Police Station-Campeerganj, Disrtict-Gorakhpur, pending in the court of Additional District and Sessions Judge/FTC II, Gorakhpur. 3. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicant approached this Hon'ble Court by filing this 482 application with prayer to quash the proceedings on terms of compromise entered between the parties, the Co-ordinate Bench of this Court after considering all the evidences on record and injury report vide order dated 03.12.2024 sent the matter to trial court for verification of the parties and compromise application.The order dated 03.12.2024 passed by the Co-ordinate Bench is quoted as under:-
"Learned counsel for both the parties jointly submitted that parties settled their dispute with regard to offence punishable under Sections 323/34, 325/34, 308/34, 504, 506 of I.P.C. on the basis of compromise dated 1.5.2024. It is further submitted that all the offences are punishable up to seven years imprisonment. Original compromise has been filed by way of second supplementary affidavit dated 25.6.2024. Office is directed to send original compromise to court concerned for verification immediately after retaining a photocopy of the same. Both the parties are directed to appear before the court concerned within six weeks from today for verification. Court concerned is directed to verify the same. Applicants are directed to file supplementary affidavit annexing certified copy of the verified compromise as well as verification proceedings. Put up this case as fresh on 28.4.2025.
Till the next date of listing, further proceedings of Session Trial No. 463 of 2013, arising out of Case Crime No. 89 of 2012, under Sections 323/34, 325/34, 308/34, 504, 506 of I.P.C., Police Station- Compeerganj, District Gorakhpur, pending in the Court of Additional Sessions Judge/F.T.C.-II, Gorakhpur shall remain stayed against the applicants."
4. In pursuance of order of the Co-ordinate Bench dated 03.12.2024, the Trial court vide order dated 27.01.2025 verified the parties as well as compromise application through their counsels. Verification Report dated 27.01.2025 has been filed with the IV-Supplementary Affidavit. 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. 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. 5. 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. 6. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 7. 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. 8. 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. 9. Accordingly, the impugned entire proceedings of Session Trial no. 463 of 2013, arising out of Case Crime No. 89 of 2012, under Section 323/34, 325/34, 308/34, 504, 506 of the 1.P.C. lodged at Police Station-Campeerganj, Disrtict-Gorakhpur, pending in the court of Additional District and Sessions Judge/FTC II, Gorakhpur, are hereby quashed. 10. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 17.7.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad