SHAHADAT BEG AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/21631/2024 · 2025-04-28
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 74456 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74456 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:66623 Court No. - 84 Case :- APPLICATION U/S 482 No. - 21631 of 2024 Applicant :- Shahadat Beg And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Kumar Tiwari Counsel for Opposite Party :- G.A.,Virendra Singh Yadav Hon'ble Deepak Verma,J.
1. Supplementary affidavit, filed today, is taken on record.
2. Heard learned counsel for the applicants; learned counsel for opposite party no. 2 and learned A.G.A. for the State.
3. The present 482 Cr.P.C. application has been filed to quash the Charge Sheet dated 17.03.2018 & 12.05.2018; cognizance/Summoning order dated 20.03.2018 & 08.09.2022 as well as entire proceedings of Case No. 305 of 2021 (State of U.P. Vs. Shahadat and others) arising out of Case Crime No. 383 of 2017, Under Sections 427, 429, 436 I.P.C., Police Station Sirauli, District- Bareilly, pending in the Court of learned Judicial Magistrate-II, Aonla, Bareilly on the basis of compromise dated
24.06.2024.
4. Learned counsel for the applicants submits F.I.R. was registered against the applicants that on 28.11.2017, the mother of opposite party no. 2, brother and sisters were sleeping in the house and at about 9 pm. all the applicants along with other persons entered into the house of the opposite party no. 2 and they set the house ablaze. Thereafter, they fled away from the spot. In this incident, one buffalo and two mares died due to fire. Counsel for the applicants submits that Investigating Officer submitted charge sheet against one person, namely, Taqreem @ Chutiya. Thereafter, both the parties have settled the dispute out of the court and entered into compromise. The parties filed this application for quashing of the proceedings against the applicant and the Co-ordinate Bench of this Court vide
order dated 17.10.2024 directed the parties to appear before the court below and file the compromise deed.
5. Pursuant to the said order dated 17.10.2024, the parties appeared before the court below and in their presence, after due verification of the parties and contents of the compromise made between them, the court vide order dated 12.11.2024 has passed the verification report. A copy of the same is annexed with the supplementary affidavit.
6. Learned counsel for the applicants has submitted that the applicants and opposite
party no.2 have settled their private and civil dispute through compromise and as such opposite party no.2 does not wish to press the aforesaid case against the applicant. 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.
7. 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.
8. In view of the facts and circumstances of the case, the applicants and opposite party no. 2 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.
9. 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. 305 of 2021 (State of U.P. Vs. Shahadat and others) arising out of Case Crime No.383 of 2017, Under Sections 427, 429, 436 I.P.C., Police Station Sirauli, District Bareilly, is, hereby, quashed.
10. The application under Section 482 CrPC is accordingly allowed.
Order Date :- 29.4.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad