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2025 DAILYLAW 8907 (ALL)

DEEPAK AND 2 ORS v. STATE OF U.P. AND ANOTHER

A482/4291/2020 · 2025-03-09

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34711 Court No. - 78 Case :- APPLICATION U/S 482 No. - 4291 of 2020 Applicant :- Deepak And 2 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Tripathi,Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A.,Sukrampal Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Dinesh Kumar Tripathi, learned counsel for the applicants, Sri V.D. Ojha, learned AGA for the State and perused the records. Sri Sukrampal, learned counsel for the opposite party no.2 is not present even when the matter has been taken up in the revised list. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants-Deepak, Jagveer and Atarkali with the prayer to allow this application under 482 Cr.P.C. and quash the entire Criminal Proceeding of State Case No. 679/9 of 2019 (State Versus Deepak and others), Charge Sheet No. 02/2019 dated 9.6.2019 arising out of Case Crime No. 0261 of 2018, Under Section 498A, 323, 504, 506 I.P.C., and Section 4 of Dowry Prohibition Act, Police Station Daurala, District Meerut, alongwith cognizance and summoning order dated 24.10.2019 and further with the prayer to stay the entire criminal proceedings of the aforesaid case during the pendency of this application. 4. As per office report dated 7.3.2025, compromise verification report of court concerned is on record. 5. Learned counsel for the applicants submits that a compromise between the parties was referred for verification vide order dated 16.10.2024 passed by this Court which has been duly verified by the court concerned on 15.2.2025 and a report to the said effect has been sent by the court concerned, as such the compromise entered between the parties is duly verified and the proceedings of the present matter be quashed. 6. Learned counsel for the State admitted the fact of compromise and stated that he has no objection if the proceeding of the aforesaid case is quashed against the applicant (s). 7. From the perusal of the record it is apparent that parties have entered in to compromise and have settled their dispute amicably, the said compromise has been also been verified by the trial court. 8. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed. 9. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings as prayed for by the applicant(s). 10. The cognizance/summoning order as well as entire criminal proceedings of the aforesaid case are hereby quashed. 11. The present application is allowed. (Samit Gopal, J.) Order Date :- 10.3.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad