SHIV KAMAL AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/28284/2024 · 2025-05-18
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 89222 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 89222 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:83344 Court No. - 84 Case :- APPLICATION U/S 482 No. - 28284 of 2024 Applicant :- Shiv Kamal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Nath Tripathi Counsel for Opposite Party :- Aman Kumar Rai,G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants; learned counsel for opposite party no. 2; learned A.G.A. for the State and perused the record.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 09.01.2023; cognizance along with summoning
order dated 16.07.2023 as well as entire proceedings of Case No. 8281 of 2023 arising out of Case Crime No.272 of 2022, under Sections 363, 366 I.P.C., Police Station Shahabad, District Rampur (State Versus Shiv Kamal and another), which is pending before the Ist Additional Chief Judicial Magistrate, Rampur.
3. As per F.I.R. allegation applicants enticed away the daughter of informant. Learned counsel for the applicants submits that victim is major and now both the parties have amicably settled the dispute out of the court. The Co-ordinate Bench of this Court vide order dated 07.01.2025 directed the parties to appear before the court below for verification of compromise.
4. Pursuant to the said order dated 07.01.2025, 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 27.01.2025 has passed the verification
order. A copy of the same is annexed with the bail application. Thereafter, a report has been submitted by the Additional Chief Judicial Magistrate, court no. 1, Rampur through letter dated
29.01.2025. The same is also taken on record.
5. 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.
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. 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.
8. 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 Case No. 8281 of 2023 arising out of Case Crime No.272 of 2022, under Sections 363, 366 I.P.C., Police Station Shahabad, District Rampur, is hereby quashed.
9. The application under Section 482 CrPC is accordingly allowed.
Order Date :- 19.5.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad