TALIB @ KALUA AND 7 OTHERS v. State of U.P. AND ANOTHER
A482/22728/2024 · 2025-06-30
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 76827 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76827 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:101521 Court No. - 72 Case :- APPLICATION U/S 482 No. - 22728 of 2024 Applicant :- Talib @ Kalua And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Mishra Counsel for Opposite Party :- G.A.,Purushottam Pandey Hon'ble Deepak Verma,J.
1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the informant, and learned A.G.A. for the State. 3. The present 482 Cr.P.C. application has been filed to quash the entire proceedings as well as charge sheet dated 03.02.2013 and cognizance order dated 19.09.2013 in Case No.1279 of 2013 (New Case No.1209 of 2016 (State Vs. Talib @ Kalua and others), arising out of Case Crime No.918 of 2012, under Sections 147, 148, 323, 325, 504, 506 IPC, Police Station Shahbad, District Rampur, pending in the court of 1st Additional Chief Judicial Magistrate, Rampur on the basis of compromise. 4. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Learned counsel for the applicants submits that injuries are simple in nature. 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 12.09.2024 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 26.09.2024 verified the parties as well as compromise application. 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. The present case is a cross case, applicant No.4 has lodged FIR as Case Crime No.918A of 2013, against the informant and others in which both parties have compromised the matter and has filed 482 Cr.P.C. application bearing No.22668 of 2024 to quash the criminal proceedings on account of compromise.
The Court by order dated 12.09.2024 has directed the parties to appear before trial court. Counsel submits that parties have been verified in those proceedings. 6. 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.
7. Learned AGA submitted that both the parties have settled their dispute out of the Court, hence, no reason to proceed further.
8. 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.
9. 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.
10. Accordingly, the entire proceedings as well as charge
sheet dated 03.02.2013 and cognizance order dated 19.09.2013 in Case No.1279 of 2013 (New Case No.1209 of 2016 (State Vs. Talib @ Kalua and others), arising out of Case Crime No.918 of 2012, under Sections 147, 148, 323, 325, 504, 506 IPC, Police Station Shahbad, District Rampur, pending in the court of 1st Additional Chief Judicial Magistrate, Rampur is hereby quashed.
11. This application under Section 482 Cr.P.C. is accordingly allowed.
Order Date :- 1.7.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad