Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 83980 (ALL)

JUBAIR ALI AND 2 OTHERS v. State of U.P. AND ANOTHER

A482/25630/2024 · 2025-04-16

Deepak Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:56329 Court No. - 84 Case :- APPLICATION U/S 482 No. - 25630 of 2024 Applicant :- Jubair Ali And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Fakhruzzaman Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Vakalatnama filed today by Sri Imran Ahmad, Advocate, on behalf of the opposite party no.2 is taken on record. 2. Learned counsel for the informant filed short counter affidavit, is also taken on record. 3. Heard learned counsel for the applicants, learned counsel for the informant, and learned A.G.A. for the State. 4. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 19.12.2018 in Criminal Case No.1029 of 2019 arising out of Case Crime No.136 of 2018, under sections 323, 504, 506 & 354 I.P.C., Police Station Barua Sagar, District Jhansi, pending in the court of Judicial Magistrate- Ist, Jhansi. 5. Learned counsel for the applicants submitted that applicants are innocent and have been falsely implicated in the present case. Learned counsel for the applicants submitted that the parties have amicably settled the dispute out of Court and on account of compromise they filed Application u/s 482 Cr.P.C. and this Court by order dated 28.11.2024 directed the parties to appear before the trial court for verification of compromise. Parties appeared before the trial court on 17.12.2024 and they have been verified by the trial court. A report in this regard sent by Additional Chief Judicial Magistrate, Jhansi dated 17.12.2024 is on record. Trial court on 17.12.2024 verified the parties through their counsels. Compromise deed 28.05.2024 has been filed as Annexure no.3 to the application. Opposite party no.2 does not want to pursue the case further and proceeding be quashed in terms of compromise. 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. Learned AGA submitted that both the parties have settled their dispute out of the Court, hence, no reason to proceed further. 8. 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. 9. 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. 10. Accordingly, the impugned criminal proceeding in Case No.1029 of 2019 arising out of Case Crime No.136 of 2018, under sections 323, 504, 506 & 354 I.P.C., Police Station Barua Sagar, District Jhansi, pending in the court of Judicial Magistrate- Ist, Jhansi, is hereby quashed. 11. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 17.4.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad