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2025 DAILYLAW 86268 (ALL)

SUNIL AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

A482/27192/2024 · 2025-04-15

Deepak Verma

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Judgment text

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Neutral Citation No. - 2025:AHC:56122 Court No. - 84 Case :- APPLICATION U/S 482 No. - 27192 of 2024 Applicant :- Sunil And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Bindeshwari Prasad Mishra Counsel for Opposite Party :- Chandra Prakash Tripathi,G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants learned counsel for opposite party nos. 2 and 3 and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Charge sheet no.110 of 2012 dated 30.07.2012 as well as cognizance/Summoning order dated 31.08.2012, in S.T. No. 615 of 2012 (State Vs. Sunil and others) under sections 307, 323 IPC arising out of Case Crime No. 235 of 2012 (F.I.R. No. 94 of 2012), Police Station-Jamunapar, District- Mathura, pending before the Court of Special Judge, Mathura, on basis of compromise dated 18.01.2024. 3. Instant dispute is between the family member and informant is aunty of the applicants. The injured has received fire arm injury but injury is not on vital part. Learned counsel for the applicants submits that applicants filed 482 Application No.4198 of 2024 with confirmation that both the parties have amicably settled the dispute out of the Court. The Co-ordinate Bench of this Court vide order dated 18.04.2024 directed the parties to appear before the court below and file the certified copy of compromise deed. 4. Pursuant to the said order dated 18.04.2024, the parties appeared before the court below and in their presence, after due verification of the contents of the compromise made between the parties, order dated 28.05.2024 has been passed by the court verifying the said compromise. A copy of the same is annexed as Annexure- 7 to the application. 5. Learned counsel for the applicant has submitted that the applicants and opposite party nos.2 and 3 have settled their private and civil dispute through compromise and as such opposite party nos.2 and 3 do not wish to press the aforesaid case against the applicant. Opposite party nos.2 and 3 are 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 nos.2 and 3 do 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 nos.2 and 3 have 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 nos.2 and 3 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 S.T. No. 615 of 2012 (State Vs. Sunil and others) under sections 307, 323 IPC arising out of Case Crime No. 235 of 2012 (F.I.R. No. 94 of 2012), Police Station-Jamunapar, District-Mathura is hereby quashed. 9. This application under Section 482 CrPC is accordingly allowed. Order Date :- 16.4.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad