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2025 DAILYLAW 87770 (ALL)

RAJESH SAINI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/26936/2024 · 2025-07-17

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116875 Court No. - 72 Case :- APPLICATION U/S 482 No. - 26936 of 2024 Applicant :- Rajesh Saini And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- Amitesh Kumar Srivastava,G.A. Hon'ble Deepak Verma,J. 1. Supplementary affidavit filed today, is taken on record. 2. Heard learned counsel for the applicants, Sri Vinkesh Ojha, Advocate holding brief of Sri Amitesh Kumar Srivastava, 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 charge sheet dated 22.10.2023, cognizance order dated 15.02.2024 as well as the entire proceedings of Criminal Case No. 918 of 2024 (State Versus Rajesh Saini and others), arising out of Case Crime No. 466 of 2023, under Section 147, 148, 323, 504, 506, 308 I.P.C., Police Station-Mandi Dhanaura, District-Amroha, pending in the Chief Judicial Magistrate, Amroha on the basis of compromise. 4. Learned counsel for the applicants submitted that applicants and informant/opposite party no.2 and injured have amicably settled their dispute out of the Court. Injuries are simple in nature. 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 10.03.2025 passed following order:- "Learned counsel for both the parties submitted that parties settled their dispute arising out of offence punishable under Sections 147, 148, 323, 504, 506, 308 of I.P.C. on the basis of compromise dated 25.11.2024 which is annexed as Annexure No.SA-1 to the supplementary dated 28.11.2024. Office is directed to send original compromise to court concerned for verification immediately after retaining a photocopy of the same. Both the parties are directed to appear before the court concerned within six weeks from today for verification and the court concerned is directed to verify the same. Applicants are directed to file supplementary affidavit annexing certified copy of the compromise as well as verification proceedings of compromise. Put up this case as fresh on 27.06.2025. Till the next date of listing proceedings of Criminal Case No.918 of 2024 (State Vs. Rajesh Saini and others), arising out of Case Crime No.466 of 2023 under Sections 147, 148, 323, 504, 506, 308 of I.P.C., Police Station- Mandi Dhanaura, District Amroha pending in the Court of Chief Judicial Magistrate, Amroha shall remain stayed against the applicants." 5. In pursuance of the order of this Court dated 10.03.2025, the Trial court vide order dated 08.04.2025 verified the parties as well as compromise application. 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. 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 charge sheet dated 22.10.2023, cognizance order dated 15.02.2024 as well as the entire proceedings of Criminal Case No. 918 of 2024 (State Versus Rajesh Saini and others), arising out of Case Crime No. 466 of 2023, under Section 147, 148, 323, 504, 506, 308 I.P.C., Police Station-Mandi Dhanaura, District-Amroha, pending in the Chief Judicial Magistrate, Amroha, are hereby quashed. 11. 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