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2025 DAILYLAW 73119 (ALL)

DANVIR AND 3 OTHERS v. State of U.P. AND ANOTHER

A482/21225/2024 · 2025-07-02

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103154 Court No. - 72 Case :- APPLICATION U/S 482 No. - 21225 of 2024 Applicant :- Danvir And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dileep Kumar Shukla Counsel for Opposite Party :- G.A.,Mohit Singh Hon'ble Deepak Verma,J. 1. Heard Sri Dileep Kumar Shukla, learned counsel for the applicants, Sri Mohit Singh, 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 impugned charge sheet No.119/2019 dated 15.06.2019, cognizance/summoning order dated 21.06.2021 passed by the learned Civil Judge (Junior Division)/Judicial Magistrate, Gunnaur, District Sambhal as well as entire proceedings of Case No.651/2021 (State vs. Danvir & others) pending before the Court of Civil Judge (Junior Division)/Judicial Magistrate, Gunnaur, District Sambhal arising out of Case Crime No.159/2019, under Sections 323, 324, 452, 504 I.P.C., Police Station Rajpura, District Sambhal in terms of the compromise dated 18.05.2024 arrived at between the parties. 3. Learned counsel for the applicants submitted that applicants and opposite party No.2 both have filed 482 application, bearing Nos.21225 of 2024 and 21230 of 2024, applicants and opposite party no.2 have amicably settled their dispute out of the Court. Both the parties have lodged FIR against each other, both the FIR bearing Case Crime Nos.159 of 2019 and 128 of 2019. Both the parties are relative and have received injuries. 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 30.07.2024 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 13.08.2024 verified the parties as well as compromise application. 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. 4. 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. 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 cognizance/summoning order dated 21.06.2021 as well as entire proceedings of Case No.651/2021, pending before the Court of Civil Judge (Junior Division)/Judicial Magistrate, Gunnaur, District Sambhal, arising out of Case Crime No.159/2019, under Sections 323, 324, 452, 504 I.P.C., Police Station Rajpura, District Sambhal, is hereby quashed. 9. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 3.7.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad