KRISHNA CHAUDHARY @ KRISHNAVEER AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/22462/2024 · 2025-07-17
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 76336 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76336 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:116411 Court No. - 72 Case :- APPLICATION U/S 482 No. - 22462 of 2024 Applicant :- Krishna Chaudhary @ Krishnaveer And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- Mukesh Kumar Verma,G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2, 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 30.06.2023, summoning order dated 28.02.2024 as well as entire proceedings of Case No.35945 of 2024 (State Vs. Krishna Chaudhary @ Krishnaveer and another) arising out of Case Crime No.115 of 2023, under Section 384 I.P.C., Police Station Refinery, District Mathura, in terms of compromise dated
04.06.2024.
3. Learned counsel for the applicants submits that the applicants and opposite party no.2 have amicably settled the dispute out of Court 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 05.02.2025 directed the parties to appear before the court below within six weeks for verification of compromise dated 04.06.2024 (Annexure 4 to the application). The order dated 05.02.2025 is being quoted below:-
"Sri Somesh Kumar Singh, Advocate holding brief of Sri Mukesh Kumar Verma, has filed Vakalatnama on behalf of the opposite party no. 2 along-with short counter affidavit, which is taken on record.
Learned counsel for both the parties submitted that parties settled their dispute arising out of offence punishable under Section 384 of I.P.C. on the basis of compromise dated 04.06.2024 which is annexed at page no. 4 of the paper book. Both the parties are directed to appear before the court concerned within six weeks from today for verification and the court
concerned is directed to verify the same. Applicants are 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 30.05.2025. Till the next date of listing proceedings of Case No. 35945 of 2024 (State Vs. Krishna Chaudhary @ Krishnaveer and another), arising out of Case Crime No. 115 of 2023, under Section 384 of I.P.C., Police Station- Refinery, District Mathura, pending in the Court of Additional Chief Judicial Magistrate, 01, Mathura shall remain stayed against the applicants.."
4. Pursuant to the said order dated 05.02.2025, the parties appeared before the court below and after due verification of the parties and contents of the compromise made between them, the court below vide order dated 17.03.2025 has passed the verification order. A copy of the same is available on record. 5. 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 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. 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. 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.35945 of 2024 (State Vs. Krishna Chaudhary @ Krishnaveer
and another) arising out of Case Crime No.115 of 2023, under Section 384 I.P.C., Police Station Refinery, District Mathura 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