PRAVEEN PAL AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/21770/2024 · 2025-07-30
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 74705 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74705 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:128070 Court No. - 72 Case :- APPLICATION U/S 482 No. - 21770 of 2024 Applicant :- Praveen Pal And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- G.A.,Mohd Imran Siddiqui Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants, 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 entire criminal proceedings of Sessions Trial No. 647 of 2013 (State vs. Praveen Pal and Another), under Section 323, 324, 506 of I.P.C., pending before the Court of District/Sessions Judge, Court No. 6, Mathura, arising out of Case Crime No. 123A of 2005, under Section 147, 148, 149, 307, 323, 324, 506 & 504 of I.P.C., Police Station-Kotwali, District-Mathura.
3. Learned counsel for the applicants submitted that both the parties have lodged first information report against each other and received injuries in the alleged incident. Injuries are simple in nature. Charge-sheet was submitted against the applicants under Sections 323, 324, 506 IPC and first information report was registered as Case Crime No. 123A of 2005, under Sections 147, 148, 149, 307, 323, 324, 506 & 504 of I.P.C. at Police Station- Kotwali, District-Mathura. Thereafter, applicants and opposite party no.2 have amicably settled their dispute out of the Court and entered into a compromise dated 07.08.2024. 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 20.08.2024 passed following order:-
"Supplementary affidavit filed today is taken on record. Sri Dinesh Kumar Singh, learned counsel for the appellants, Sri Mohd. Imran Siddiqui, learned counsel for the opposite party no.2 and Sri Karunakar Singh, learned A.G.A. for the State are present.
Learned counsel for the parties jointly submitted that the parties have settled their matrimonial dispute with regard to offence punishable under Sections
323, 324, 506 IPC by way of compromise deed dated 07.08.2024. Original compromise has been filed by way of supplementary affidavit filed today. Office is directed to send the original compromise deed dated 07.08.2024 immediately for verification after retaining photocopy of the same for which parties will approach the concerned court within three weeks from today.
Learned counsel for the applicants will file a supplementary affidavit annexing the certified copy of the verified compromise and verified proceeding of compromise till the next date of listing. List on 25.09.2024. Till the next date of listing, further proceedings of Session Trial No. 647 of 2013 (State vs. Praveeen Pal and another), arising out of Case Crime No. 123A of 2005, under Sections 147, 148, 149, 307, 323, 324, 506 & 504 IPC, P. S. IKotwali, District Mathura shall remain stayed. "
4. In pursuance of order of this Court dated 20.08.2024, the Trial court vide order dated 15.10.2024 verified the parties as well as compromise application through their counsels. Verification report dated 15.10.2024 has been forwarded to this Court by Additional Sessions Judge, Court No. 6, Mathura through letter dated
28.10.2024. 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. 5. 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. 6. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 7. 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. 8. 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. 9. Accordingly, the impugned entire criminal proceedings of Sessions Trial No. 647 of 2013 (State vs. Praveen Pal and Another), under Section 323, 324, 506 of I.P.C., pending before the Court of District/Sessions Judge, Court No. 6, Mathura, arising out of Case Crime No. 123A of 2005, under Section 147, 148, 149, 307, 323, 324, 506 & 504 of 1.P.C., Police Station-Kotwali, District-Mathura, are hereby quashed. 10. This application under Section 482 Cr.P.C. is accordingly allowed.
Order Date :- 31.7.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad