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2025 DAILYLAW 70353 (ALL)

GYANVEER AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/19430/2024 · 2025-01-21

Manju Rani Chauhan

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Judgment text

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Neutral Citation No. - 2025:AHC:10738 Court No. - 52 Case :- APPLICATION U/S 482 No. - 19430 of 2024 Applicant :- Gyanveer And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A. With Case :- APPLICATION U/S 482 No. - 18064 of 2024 Applicant :- Arvind Singh Bhadoria And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- Akshay Raj Singh,G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Laxman Singh, Advocate holding brief of Mr. Ajay Sengar, learned counsel for the applicants, Mr. Akshay Raj Singh, learned counsel for opposite party no.2, Mr. Amit Singh Chauhan, learned A.G.A. for the State and perused the records. 2. These applications u/s 482 have been filed by the applicants with the prayer to quash the entire proceeding of Case No.949 of 2009 (Old Number 644 of 2005) (State of Uttar Pradesh Vs. Arvind Singh and others), arising out of Case Crime No.C-23 of 2005, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Kotwali Jalaun, District Jalaun, pending in the court of Judicial Magistrate, Jalaun at Orai, on the basis of compromise. 3. On 29.05.2024, the following order was passed in the matter:- "1. Heard learned counsel for the applicants, Sri Akhsay Raj Singh, learned counsel for opposite party no. 2 and learned AGA for the State. 2. This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the entire proceedings of Case No.949 of 2009 (Old Number 644 of 2005) (State of U.P. Vs. Arvind Singh and others), arising out of Case Crime No.C-23 of 2005, under Sections 498A, 323, 504, 506 IPC, 1860 and Section 3/4 D.P. Act, 1961, P.S. Kotwali Jalaun, District Jalaun pending before learned Judicial Magistrate, Jalaun at Orai on the basis of compromise. 3. Learned counsel for the applicants submits that the parties have entered into a compromise. 4. Learned A.G.A. submits that the compromise effected between the parties may be verified before the court concerned. 5. In the interest of justice, the applicants and the opposite party no.2 are directed to appear before the court concerned on 12.7.2024 and shall submit the compromise, which shall be verified by the court concerned and a report in this regard shall be submitted before this Court within 15 days thereafter. 6. List on 12.8.2024 in top ten cases. 7. Till the next date of listing, further proceedings in the aforesaid case shall remain stayed." 4. In compliance of the aforesaid order a report from Judicial Magistrate, Jalaun at Orai dated 15.07.2024 is placed in record as is evident from office report dated 22.01.2025. The letter of Judicial Magistrate, Jalaun at Orai dated 15.07.2024 along with certified copy of the order dated 15.07.2024 vide which compromise between the parties has been verified is also on record. 5. Learned counsel for the applicants submits that since the compromise entered between the parties has been verified by the court below, the entire proceedings of the aforesaid criminal case may be quashed by this Court. 6. Learned counsel for opposite party no.2 and learned A.G.A. for the State also accept that the parties have entered into a compromise and the copy of the same has also been enclosed along with verification order, they have no objection, if the proceedings in the aforesaid case are quashed. 7. This Court is not unmindful of the following judgements of the Apex Court: (i). B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675, (ii). Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677, (iii). Manoj Sharma Vs. State and Others; (2008) 16 SCC 1, (iv). Gian Singh Vs. State of Punjab; (2012); 10 SCC 303, (v). Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466, 8. In the aforesaid judgments, the 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. & Another; 2013 (83) ACC 278 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) and Daxaben Vs. State of Gujarat, reported in 2022 SCC Online SC 936 in which the law expounded by the Apex court in the aforesaid cases has been explained in detail. 9. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute. 10. Accordingly, the proceedings of Case No.949 of 2009 (Old Number 644 of 2005) (State of Uttar Pradesh Vs. Arvind Singh and others), arising out of Case Crime No.C-23 of 2005, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Kotwali Jalaun, District Jalaun, pending in the court of Judicial Magistrate, Jalaun at Orai, on the basis of compromise, are hereby quashed. 11. The applications are, accordingly, allowed. There shall be no order as to costs. Order Date :- 22.1.2025 Abhishek Singh Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad