KALWA ALIAS KALLU AND ANOTHER v. State of UP AND ANOTHER
A482/25046/2024 · 2025-07-17
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 82415 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 82415 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:117215 Court No. - 72 Case :- APPLICATION U/S 482 No. - 25046 of 2024 Applicant :- Kalwa Alias Kallu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Danish Counsel for Opposite Party :- G.A.,Saif Ali Khan Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants; learned counsel for opposite party no. 2 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 09.10.2018; cognizance order dated 04.06.2019 as well as the entire proceedings of Case No. 4220 of 2019 (State Vs. Kalwa alias Kalwa and others) arising out of Case Crime No. 313 of 2018 for the offence under Sections 323, 324, 504, 506 1.P.C. relating to Police Station Pakbada, District Moradabad, pending in the court of learned Additional Chief Judicial Magistrate-II, Moradabad, in view of the compromise arrived at between the parties. 3. As per prosecution version, applicants beaten the informant and her mother with stick and they sustained injury. Counsel for the applicants submits that injuries are simple in nature and applicants filed 482 Application before this Court to quash the proceedings as both the parties have amicably settled the dispute out of the court. The Co-ordinate Bench of this Court vide order dated 28.11.2024 directed the parties to appear before the court below for verification of compromise. 4. Pursuant to the said order dated 28.11.2024, the parties appeared before the court below and in their presence, after due verification of the contents of the compromise made between the parties, the court vide order dated 09.12.2024, has passed the verification report. A copy of the same is annexed with the supplementary affidavit. 5. Learned counsel for the applicants has submitted that the applicant and opposite party no.2 have settled their private and civil dispute through compromise 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 applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 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. 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. 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 Case No. 4220 of 2019 (State Vs. Kalwa alias Kalwa and others) arising out of Case Crime No. 313 of 2018 for the offence under Sections 323, 324, 504, 506 1.P.C. relating to Police Station Pakbada, District Moradabad, is hereby quashed. 9. The application under Section 482 CrPC is accordingly allowed. Order Date :- 18.7.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad