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2025 DAILYLAW 72651 (ALL)

NEEL KAMAL VISHWAKARMA v. State of U.P. AND ANOTHER

A482/25375/2024 · 2025-04-16

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57000 Court No. - 84 Case :- APPLICATION U/S 482 No. - 25375 of 2024 Applicant :- Neel Kamal Vishwakarma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Majahar Ali Counsel for Opposite Party :- G.A.,Imtyaz Ahmad Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, 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 charge-sheet dated 24.09.2022, cognizance order dated 21.12.2022 as well as to quash the criminal proceeding of Case No.18925 of 2022 arising out of Case Crime No.10 of 2022, under sections 406, 420 I.P.C., Police Station Gopiganj, District Bhadohi, pending in the court of Chief Judicial Magistrate Bhadohi, Gyanpur. 3. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant next submitted that the parties have amicably settled the dispute out of Court and on account of compromise, they filed Application u/s 482 Cr.P.C. and this Court by order dated 28.11.2024 directed the parties to appear before the trial court for verification of compromise. Counsel for the applicant has filed verification report dated 21.12.2024 through supplementary affidavit. Chief Judicial Magistrate, Bhadohi at Gyanpur has verified the parties through their counsels. Compromise deed 21.12.2024 has been filed as Annexure no.SA-1 to the supplementary affidavit. Opposite party no.2 does not want to pursue the case further and proceeding be quashed in terms of compromise. 4. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicant 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. 5. Learned AGA submitted that both the parties have settled their dispute out of the Court, hence, no reason to proceed further. 6. 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. 7. 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. 8. Accordingly, the impugned criminal proceeding in Case No.18925 of 2022 arising out of Case Crime No.10 of 2022, under sections 406, 420 I.P.C., Police Station Gopiganj, District Bhadohi, pending in the court of Chief Judicial Magistrate Bhadohi, Gyanpur, is hereby quashed. 9. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 17.4.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad