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Neutral Citation No. - 2025:AHC:56317 Court No. - 84 Case :- APPLICATION U/S 482 No. - 25582 of 2024 Applicant :- Sudhir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Yadav,Mahendra Pratap Counsel for Opposite Party :- 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 No. 262 dated 10.09.2019 as well as entire criminal proceeding of Case No. 419 of 2021 (State Vs. Sudhir) arising out of Case Crime No. 205 of 2019, under Sections 307, 506, 324, 325 I.P.C., Police Station- Khekra, District- Baghpat, pending before the Court of learned Additional District Judge, Fast Track Court-II, Baghpat on the basis of compromise deed dated 05.10.2023. 3. Learned counsel for the applicants submitted that three persons nominated in the FIR, including the applicant, and I.O. has submitted charge sheet against the applicant. Applicant and opposite party no.2 have amicably settled their dispute out of the Court. Applicant approached this Hon'ble Court by filing this 482 application bearing No.39179 of 2023 with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 01.11.2023 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 29.11.2023 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. 4. Sri Abhishek Singh, 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, 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 No. 262 dated 10.09.2019 as well as entire criminal proceeding of Case No. 419 of 2021, arising out of Case Crime No. 205 of 2019, under Sections 307, 506, 324, 325 I.P.C., Police Station- Khekra, District- Baghpat, pending before the Court of learned Additional District Judge, Fast Track Court-II, Baghpat, is hereby quashed. 9. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 17.4.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad