Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 82918 (ALL)

DILSHAD AND 2 OTHERS v. State of UP AND ANOTHER

A482/25876/2024 · 2025-05-05

Deepak Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:72360 Court No. - 84 Case :- APPLICATION U/S 482 No. - 25876 of 2024 Applicant :- Dilshad And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Balbir Yadav Counsel for Opposite Party :- Pooja Yadav,G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, 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 28.03.2022 as well as the entire proceedings of the Case No. 2153 of 2022 (State Vs. Dilshad and others), arising out of Case Crime No. 183 of 2021, under Sections 323, 307, 504 of I.P.C., Police Station- Kotwali Nagar, District Aligarh, pending in the Court of Additional Session Judge, Aligarh. 3. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court, thereafter, applicants approached this Hon'ble Court by filing Application U/S 482 No. 47762 of 2023 with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 13.02.2024 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 06.06.2024 verified the parties as well as compromise application through their counsels and recorded the statements of the injured. Verification report dated 06.06.2024 is annexed with the present 482 Cr.P.C. application as annexure no. 8. Though, injured have received grievous injuries but on advise of some respectable persons of the society, they have settled their dispute with the applicants. 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. 4. 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. 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 that though injured have received injuries which are grievous in nature but they have amicably settled their dispute out of Court and entered into a compromise and the compromised has been duly verified by the Trial Court, 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 28.03.2022 as well as the entire proceedings of the Case No. 2153 of 2022 (State Vs. Dilshad and others), arising out of Case Crime No. 183 of 2021, under Sections 323, 307, 504 of I.P.C., Police Station- Kotwali Nagar, District Aligarh, pending in the Court of Additional Session Judge, Aligarh, are hereby quashed. 9. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 6.5.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad