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2025 DAILYLAW 83587 (ALL)

TASLIM AND ANOTHER v. State of UP AND ANOTHER

A482/25549/2024 · 2025-07-17

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:117252 Court No. - 72 Case :- APPLICATION U/S 482 No. - 25549 of 2024 Applicant :- Taslim And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.,Raj Kumar Singh 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 11.01.2024; cognizance order dated 09.05.2024 passed by the Additional Chief Judicial Magistrate, Court No.6, Moradabad in Case No.16910 of 2024 (State Vs. Tasleem and others) arising out of Case Crime No.90 of 2023, Under Sections 354A, 354B, 323 I.P.C., Police Station Sonakpur, District- Moradabad, pending in the court of Additional Chief Judicial Magistrate, Court No.6, Moradabad on the basis of the compromise. 3. As per prosecution version, applicants molested the informant. Counsel for the applicant submits that the victim is major. The 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 06.08.2024 directed the parties to appear before the court below for verification of compromise. 4. Pursuant to the said order dated 06.08.2024, 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 23.08.2024, has passed the verification report. A copy of the same is annexed with the application. Thereafter, the Additional Chief Judicial Magistrate, court no. 6 Moradabad has sent a letter dated 04.09.2024 to this Court, in this regard. The same is also available on record. 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.16910 of 2024 (State Vs. Tasleem and others) arising out of Case Crime No.90 of 2023, Under Sections 354A, 354B, 323 I.P.C., Police Station Sonakpur, 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