JAWAHAR SINGH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/27084/2024 · 2025-07-17
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 87030 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 87030 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:116964 Court No. - 72 Case :- APPLICATION U/S 482 No. - 27084 of 2024 Applicant :- Jawahar Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Counsel for Opposite Party :- G.A.,Ram Prakash Upadhyay Hon'ble Deepak Verma,J.
1. Supplementary affidavit filed today, is taken on record.
2. Heard learned counsel for the applicants, learned counsel for the informant, and learned A.G.A. for the State.
3. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Case No. 25051 of 2023 (State Vs Jawahar Singh and other), arising out of Case Crime No. 91of 2023, under Sections 323, 504, 324, 506, 308, 325 of I.P.C., Police Station- Kagarol, District-Agra, pending in the Court of Additional Civil Judge (Junior Division) Court NO. 8/Judicial Magistrate, Agra, District-Agra in the light of compromise held between the applicants and opposite party no. 2 dated 25.10.2023 done before concerned Magistrate.
4. Learned counsel for the applicants submitted that both the parties are involved in assaulting and have lodged first information reports against each other. Injuries are simple in nature. He next submits that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicants approached this Hon'ble Court by filing this 482 application with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 14.11.2024 passed following order:-
"Learned counsel for both the parties jointly submitted that parties settled their dispute with regard to offence punishable under Sections 323, 504, 506, 324, 325, 308 of I.P.C. Certified copy of the compromise is on record.
Learned counsel for both the parties further submitted that both the parties sustained injuries in the incident. Both the parties are directed to appear before the court concerned within six weeks from today for verification. Court concerned is directed to verify the same. Applicants are directed to file supplementary affidavit annexing therewith certified copy of the verified compromise as well as verification proceedings. Put up this case as fresh on 1.4.2025. Till the next date of listing, further proceedings of Case No. 25051 of 2023 (State Vs. Jawahar Singh and others), arising out of Case Crime No. 91 of 2023, under Sections 323, 504, 506, 324, 325, 308 of I.P.C., Police Station- Kagarol, District Agra, pending in the Court of Additional Civil Judge (Junior Division) Court No. 8/Judicial Magistrate, Agra shall remain stayed against the applicants. "
5. In pursuance of the order of this Court dated 14.11.2024, the Trial court vide order dated 12.05.2025 verified the parties as well as compromise application through their counsels. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 have settled through compromise their private and civil dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicants. 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. In para-6 it is stated that present case is a cross case, applicants' side has lodged FIR as Case Crime No.0089 of 2023, against the informant's side in which both parties have compromised the matter and has filed 482 Cr.P.C. application bearing No.27203 of 2024 to quash the criminal proceedings on account of compromise. The Court by order dated 15.01.2025 has directed the parties to appear before trial court. Counsel submits that parties have been verified in those proceedings. 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.
Learned AGA submitted that both the parties have settled their dispute out of the Court, hence, no reason to proceed further. 9. 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. 10. 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. 11. Accordingly, the entire proceeding of Case No. 25051 of 2023 (State Vs Jawahar Singh and other), arising out of Case Crime No. 91of 2023, under Sections 323, 504, 324, 506, 308, 325 of I.P.C., Police Station-Kagarol, District-Agra, pending in the Court of Additional Civil Judge (Junior Division) Court NO. 8/Judicial Magistrate, Agra, District-Agra, are hereby quashed. 12. This application under Section 482 Cr.P.C. is accordingly allowed.
Order Date :- 18.7.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad