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2025 DAILYLAW 71570 (ALL)

SANDEEP KUMAR AND 7 OTHERS v. State of UP AND ANOTHER

A482/20303/2024 · 2025-07-13

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:112432 Court No. - 72 Case :- APPLICATION U/S 482 No. - 20303 of 2024 Applicant :- Sandeep Kumar And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramji Singh Patel Counsel for Opposite Party :- G.A.,Nirbhay Singh Hon'ble Deepak Verma,J. 1. Supplementary affidavit filed today, is taken on record. 2. At the outset, learned counsel for the applicants orally submitted that applicant no. 1, namely, Sandeep Kumar has died during pendency of the present 482 Cr.P.C. Application. 3. Heard learned counsel for the applicants, learned counsel for the informant, and learned A.G.A. for the State. 4. The present 482 Cr.P.C. application has been filed to quash the impugned charge sheet dated 22.04.2020, cognizance order dated 21.09.2023 as well as the entire proceedings of Case No. 1704 of 2023 (State vs. Sandeep Kumar and others), arising out of Case Crime No. 300 of 2019, under Sections 147, 323, 504, 506, 452, 427 IPC, Police Station- Tharwai, District- Allahabad, pending in the Court of Additional Chief Judicial Magistrate, Court No. 5, Allahabad, pursuant to the compromise dated 19.03.2024. 5. Learned counsel for the applicants submitted that both the parties have lodged first information reports against each other. Injuries are simple in nature. He next submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicants 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 Hon'ble Court vide order dated 06.09.2024 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 30.09.2024 verified the parties as well as contents of the compromise application through counsels. 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. 6. 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. 7. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 8. 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. 9. 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. 10. Accordingly, the impugned charge sheet dated 22.04.2020, cognizance order dated 21.09.2023 as well as the entire proceedings of Case No. 1704 of 2023 (State vs. Sandeep Kumar and others), arising out of Case Crime No. 300 of 2019, under Sections 147, 323, 504, 506, 452, 427 IPC, Police Station- Tharwai, District- Allahabad, pending in the Court of Additional Chief Judicial Magistrate, Court No. 5, Allahabad, are hereby quashed. 11. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 14.7.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad