ASHUTOSH AND 2 OTHERS v. State of U.P. AND ANOTHER
A482/26590/2024 · 2025-04-23
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84923 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84923 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:62689 Court No. - 84 Case :- APPLICATION U/S 482 No. - 26590 of 2024 Applicant :- Ashutosh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hari Om Gupta Counsel for Opposite Party :- G.A.,Virendra Singh Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants, Sri Virendra Singh,
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
order dated 11.09.2023 passed by Sessions Judge, Chandauli in S.T. No.424 of 2023 (State vs. Ranveer and others) arising out of Case Crime No.59 of 2022, under sections 308/34, 323/34, 504 I.P.C., Police Station Dhanapur District Chandauli, pending in the court of Session Judge, Chandauli.
3. Learned counsel for the applicants submitted that applicants are innocent and have been falsely implicated in the present case. Instant 482 Cr.P.C. application has filed to quash the entire proceeding in terms of compromise. Comprise deed dated 27.09.2024 is annexed as Annexure 8 to the application. Present 482 Cr.P.C. application has been filed to quash the whole proceeding pending against the applicants in terms of compromise. Thereafter, this Court by order dated 23.08.2024 directed the parties to appear before the trial court and trial court shall verify the contents of the FIR and parties. Trial court in pursuance of
order of this Court verified the parties through their counsels. Verification report has sent by trial court, which is on reocord.
Learned counsel for the applicants has also filed verification report through supplementary affidavit. Opposite party no.2 does not want to pursue the case further and proceeding be quashed in terms of compromise.
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, 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 criminal proceeding in S.T. No.424 of 2023 (State vs. Ranveer and others) arising out of Case Crime No.59 of 2022, under sections 308/34, 323/34, 504 I.P.C., Police Station Dhanapur District Chandauli, pending in the court of Session Judge, Chandauli, is hereby quashed.
9. This application under Section 482 Cr.P.C. is accordingly allowed.
Order Date :- 24.4.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad