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2025 DAILYLAW 74964 (ALL)

ASHISH SINGH @ RAJOLA SINGH v. State of UP 2 Others

A482/21962/2024 · 2025-06-30

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:100975 Court No. - 72 Case :- APPLICATION U/S 482 No. - 21962 of 2024 Applicant :- Ashish Singh @ Rajola Singh Opposite Party :- State Of Up 2 Others Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.,Shyam Sunder Mishra Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants; learned counsel for the opposite party nos. 2 and 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 entire proceeding of Sessions Trial No.76 of 2019 (State Vs. Ashish @ Rajola), arising out of Case Crime No.74 of 2017, under Sections 363, 366 IPC, Police Station Pahadi, District Chitrakoot, pending in the court of learned Additional Sessions Judge, Court No.1, Chitrakoot. 3. Learned counsel for the applicants submits that the parties have settled their dispute out of the Court. He next submitted that the victim has not supported the prosecution story. The applicants challenged the aforesaid proceedings by way of filing instant 482 Application to quash the proceedings pending against the applicants in aforesaid sections and in terms of compromise and the Co-ordinate Bench of this Court vide order dated 26.07.2024 directed the parties to appear before the court concerned within three weeks from today. 4. Pursuant to the said order, the parties appeared before the court below and in their presence, after due verification of the parties and the contents of the compromise made between them, the court vide order dated 12.08.2024 has passed the verification order. A copy of the same is annexed with the supplementary affidavit as well as available on record. 5. Learned counsel for the applicant has submitted that the opposite party no. 2 and 3 do 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. 6. Learned A.G.A. and counsel for the opposite party nos. 2 and 3 do not dispute the correctness of the submission made by learned counsel for the applicant or the correctness of the documents relied upon by him. 7. In view of the facts and circumstances of the case, the applicant and opposite party nos. 2 and 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. 8. 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 Sessions Trial No.76 of 2019 (State Vs. Ashish @ Rajola), arising out of Case Crime No.74 of 2017, under Sections 363, 366 IPC, Police Station Pahadi, District Chitrakoot, is hereby quashed. 9. This application under Section 482 CrPC is accordingly allowed. Order Date :- 1.7.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad