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2025 DAILYLAW 86915 (ALL)

RAKESH @ RAKESH KUMAR AND 3 OTHERS v. State of U.P. AND ANOTHER

A482/26753/2024 · 2025-05-25

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89244 Court No. - 84 Case :- APPLICATION U/S 482 No. - 26753 of 2024 Applicant :- Rakesh @ Rakesh Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Kumar Sharma Counsel for Opposite Party :- G.A.,Vipul Babu Sharma Hon'ble Deepak Verma,J. 1. Supplementary affidavit, filed today, is taken on record. 2. Heard learned counsel for the applicants; learned counsel for opposite party no.2; learned A.G.A. for the State and perused the record. 3. The present 482 Cr.P.C. application has been filed to quash the entire criminal proceedings on the basis of compromise in Sessions Trial No. 83 of 2015 (State Versus Rakesh Kumar and others), arising out of Case Crime No. 169A of 2013, under sections 323, 354, 504, 506 1.P.C., Police Station- Sadabad, District-Hathras. 4. Learned counsel for the applicants submits that earlier the applicant approached the court concerned to set aside the court proceedings in terms of compromise but the trial court vide order dated 19.07.2024 rejected the application for quashing of the proceedings as the court below has no power to quash the proceedings in terms of compromise for the offences which are not compoundable as per provision under Section 320 I.P.C. Hence, the present application has been filed to quash the entire proceedings on the basis of compromise. The Co-ordinate Bench of this Court vide order dated 04.09.2024, directed the trial court to verify the compromise entered into between the parties. 5. Pursuant to the said order dated 04.09.2024, the parties appeared before the court below and in their presence, after due verification of the parties and contents of the compromise made between them, the court vide order dated 01.10.2024 has passed the verification order. A copy of the same is annexed with the supplementary affidavit. 6. 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. 7. 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. 8. 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. 9. 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 Sessions Trial No. 83 of 2015 (State Versus Rakesh Kumar and others), arising out of Case Crime No. 169A of 2013, under sections 323, 354, 504, 506 1.P.C., Police Station- Sadabad, District-Hathras, is hereby quashed. 10. The application under Section 482 CrPC is accordingly allowed. Order Date :- 26.5.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad