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2025 DAILYLAW 73249 (ALL)

NAUSHAD MANSURI ALIAS GUDDU AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

A482/21576/2024 · 2025-07-17

Deepak Verma

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Judgment text

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Neutral Citation No. - 2025:AHC:116409 Court No. - 72 Case :- APPLICATION U/S 482 No. - 21576 of 2024 Applicant :- Naushad Mansuri Alias Guddu And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pavan Kishore Counsel for Opposite Party :- G.A.,Sandeep Kumar Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party nos.2 & 3, learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 26.06.2022 as well as entire proceedings of Case No.25077 of 2022 (State Vs. Naushad @ Guddu and others) arising out of Case Crime No.107 of 2022, under Sections 323, 324, 307, 336, 452, 504, 506 I.P.C., Police Station Lisadi Gate, District Meerut, pending in the Court of Special Chief Judicial Magistrate, Meerut. 3. Learned counsel for the applicants submits that the applicants and opposite party nos.2 & 3 have amicably settled the dispute out of Court and injury received by the injured are grievous in nature but they have compromised the matter in presence of respectable persons of the society and does not want to proceed against the applicants. It is next submitted that the applicants filed 482 Application before this Court to quash the proceedings as both the parties have amicably settled the dispute out of the court. This Court vide order dated 23.10.2024 directed the parties to appear before the court below within three weeks for verification of compromise dated 17.05.2024 (Annexure 6 to the application). The order dated 23.10.2024 is being quoted below:- "Learned counsel for both the parties submitted that parties settled their dispute arising out of offence punishable under Sections 323, 324, 307, 336, 452, 504, 506 of I.P.C. on the basis of compromise dated 17.05.2024. It is further submitted that one person Aas Mohammad sustained two injuries of lacerated wound. Both the parties are neighbours. The case is pending for committal court. The certified copy of the compromise has been filed by way of supplementary affidavit today. Both the parties are directed to appear before the court concerned within three weeks from today for verification. Applicant is directed to file supplementary affidavit annexing certified copy of the compromise as well as verification proceedings of compromise. Put up this case as fresh on 05.02.2025. Learned A.G.A. may file counter affidavit, if any, till the next date of listing. Until further order of this Court, proceedings of the aforesaid case shall remain stayed against the applicants." 4. Pursuant to the said order dated 23.10.2024, the parties appeared before the court below and after due verification of the parties and contents of the compromise made between them, the court vide order dated 20.11.2024 has passed the verification order. A copy of the same is annexed as Annexure-SA-3 with the supplementary affidavit. 5. Learned counsel for the applicants has submitted that the applicants and opposite party nos.2 & 3 have settled their private and civil dispute through compromise and as such opposite party nos.2 & 3 do not wish to press the aforesaid case against the applicants. Opposite party nos.2 & 3 are 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. In view of the facts and circumstances of the case, the applicants and opposite party nos.2 & 3 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further. 7. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceedings of Case No.25077 of 2022 (State Vs. Naushad @ Guddu and others) arising out of Case Crime No.107 of 2022, under Sections 323, 324, 307, 336, 452, 504, 506 I.P.C., Police Station Lisadi Gate, District Meerut, pending in the Court of Special Chief Judicial Magistrate, Meerut is hereby quashed. 8. The application under Section 482 Cr.P.C is accordingly allowed. Order Date :- 18.7.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad