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2025 DAILYLAW 76845 (ALL)

RAHUL v. STATE OF U.P. AND ANOTHER

A482/22704/2024 · 2025-07-02

Deepak Verma

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:103195 Court No. - 72 Case :- APPLICATION U/S 482 No. - 22704 of 2024 Applicant :- Rahul Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Singh,Vishal Kumar Sonkar Counsel for Opposite Party :- G.A.,Vijay Kumar Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, 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 Charge Sheet dated 11.10.2022 as well as cognizance order dated 20.10.2022 and entire Criminal Proceeding of Case No. 5444 of 2022, (State Versus Rahul) being Case Crime No. 0282 of 2022, Under Section 363, 366 I.P.C. Police Station- Hasanpur, District- Amroha, which is pending in the Court of Chief Judicial Magistrate, Amroha, on account compromise deed dated 10.04.2023 3. Learned counsel for the applicant submitted that applicant and opposite party no.2 have amicably settled their dispute out of the Court. Daughter of opposite party no.2 is legally wedded wife of the applicant. Both are living happily in their married life. Applicant approached this Hon'ble Court by filing this 482 application, bearing No.24996 of 2023, with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 14.07.2023 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 07.08.2023 verified the parties as well as compromise application. He further submitted that applicant and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicant. He further submitted that applicant 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 applicant. Opposite party no.2 is ready to withdraw the prosecution of the applicant and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 4. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicant 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. 5. Learned AGA submitted that both the parties have settled their dispute out of the Court, hence, no reason to proceed further. 6. 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. 7. 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. 8. Accordingly, the impugned Charge Sheet dated 11.10.2022 as well as cognizance order dated 20.10.2022 and entire Criminal Proceeding of Case No. 5444 of 2022, being Case Crime No. 0282 of 2022, Under Section 363, 366 I.P.C. Police Station- Hasanpur, District- Amroha, pending in the Court of Chief Judicial Magistrate, Amroha, is hereby quashed. 9. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 3.7.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad