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2025 DAILYLAW 88827 (ALL)

DINESH BABBAR v. State of U.P. AND ANOTHER

A482/27463/2024 · 2025-08-04

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:131737 Court No. - 72 Case :- APPLICATION U/S 482 No. - 27463 of 2024 Applicant :- Dinesh Babbar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Jaiswal,Randhir Jain,Sandeep Kumar Keshari Counsel for Opposite Party :- G.A.,Punam Keshari,Sushil Kumar Mishra Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, 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 Charge-sheet dated 14.07.2021, order dated 31.01.2022 as well as the entire proceeding of Case No. 4909 of 2022, arising out of Crime No. 204 of 2015, under Sections 420, 467, 468, 471 I.P.C., Police Station- Sahibabad, District- Ghaziabad, pending before the Court of Chief Judicial Magistrate, District- Ghaziabad. 3. Learned counsel for the applicant submitted that applicant and opposite party no.2 have amicably settled their dispute out of the Court. Applicant 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 10.12.2024 passed following order:- "1. Heard learned counsel for the applicant, learned counsel for the O.P. No.2 as well as learned A.G.A. for the State. 2. The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the order dated 31.01.2022 and Charge sheet dated 14.07.2021 as well as entire proceeding of Case No. 4909 of 2022 arising out of Case Crime No.204 of 2015 u/s 420, 467, 468, 471 I.P.C., Police Station- Sahibabad, District- Ghaziabad. 3. It is submitted that during pendency of the criminal proceeding, both the parties have arrived at compromise and settled their dispute amicably out of the Court. Therefore, instant application may be allowed and criminal proceedings may be quashed. 4. Learned counsel for the opposite party No. 2 has nodded the factum of the compromise entered into between the parties and he has no objection, in case matter is referred before the court below for verification of compromise. It is further submitted that opposite party no. 2 is no more inclined to prosecute the criminal proceeding against the applicant. Therefore, instant application may be allowed and criminal proceedings against the applicant may be quashed. 5. Learned A.G.A. has no objection in referring the matter before the court below for verification of compromise. 6. In this conspectus, as above, both the parties are hereby directed to appear before the court below on 06.01.2025/07.01.2025 to get their compromise verified. The learned court concerned, in turn, shall verify the same in presence of both the parties after recording their statements and submit its verification report on or before the next date fixed. 7. List this matter on 11.03.2025, along with compromise verification report submitted by the court concerned, if any. 8. Till the next date of listing, no coercive action shall be taken against the applicant in aforesaid case. " 4. In pursuance of order of this Court dated 10.12.2024, the Trial court vide order dated 06.01.2025 verified the parties as well as compromise application through their counsels. Verification Report dated 06.01.2025 has been sent to this Court by Additional Chief Judicial Magistrate, Court No. 5, Ghaziabad through its letter dated 18.03.2025. He further submitted that applicant and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicant. He further submitted that applicant 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 applicant. Opposite party no.2 is ready to withdraw the prosecution of the applicant and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 5. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicant 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. 6. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 7. 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. 8. 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. 9. Accordingly, the impugned order dated 31.01.2022, charge-sheet dated 14.07.2021 as well as the entire proceeding of Case No. 4909 of 2022, arising out of Crime No. 204 of 2015, under Sections 420, 467, 468, 471 I.P.C., Police Station- Sahibabad, District- Ghaziabad, pending before the Court of Chief Judicial Magistrate, District- Ghaziabad, are hereby quashed. 10. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 5.8.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad