Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 70736 (ALL)

ABDUL MALIQ AND 3 OTHERS v. State of U.P. AND ANOTHER

A482/19703/2024 · 2025-05-25

Samit Gopal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:89371 Court No. - 64 Case :- APPLICATION U/S 482 No. - 19703 of 2024 Applicant :- Abdul Maliq And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.,Vikas Chauhan Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Dhiraj Kumar Pandey, learned counsel for the applicants, Sri Vikas Chauhan, learned counsel for the opposite party no.2 and Sri Devendra Nath Mishra, learned counsel for the State and perused the record. 3. This application under Section 482 Cr.P.C. has been filed by the applicants- Abdul Maliq, Shahrukh, Suhel and Arif, with the prayer to allow this application and quash the entire proceeding as well as impugned charge-sheet dated 29.07.2023 & cognizance order dated 08.11.2023 in Criminal Case No. 11275 of 2023 arising out of Case Crime No. 79 of 2023 (State Vs. Abdul Malik and others), under Sections 323, 504, 506, 308 I.P.C., P.S. Chilkana, District Saharanpur, pending in the court of learned Judicial Magistrate-II, Saharanpur 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 20.01.2025 reported that a report from the Judicial Magistrate-II, Saharanpur duly forwarded by the District Judge, Saharanpur has been received, wherein it has been stated that compromise between the parties has been verified vide its report dated 11.12.2024. 5. Learned counsel for the applicants 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 09.08.2024. 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 11.12.2024, the copy of the said order is annexed as Annexure-S.A.-1 to the supplementary affidavit dated 21.02.2025. 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 opposite party no.2 and 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 :- 26.5.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad