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2025 DAILYLAW 89862 (ALL)

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

A482/28438/2024 · 2025-07-07

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106960 Court No. - 72 Case :- APPLICATION U/S 482 No. - 28438 of 2024 Applicant :- Dinesh Tomar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Tripathi Counsel for Opposite Party :- G.A.,Girish Kumar Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, 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 entire proceeding in pursuance of Charge Sheet dated 15.08.2010 in Case No.12230 of 2014 arising out of Case Crime No. 503 of 2010, State Vs. Dinesh Tomar & Another, Under Sections 452, 352, 324, 504, 506 I.P.C. Police Station Tajganj, District Agra. 3. Learned counsel for the applicants submitted that applicants 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 04.09.2024 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 17.10.2024 verified the parties as well as compromise application, the same has been transmitted by trial court vide letter dated 19.10.2024. 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. 4. 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. 5. Learned AGA submitted that both the parties have settled their dispute out of the Court, hence, no reason to proceed further. 6. 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. 7. 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. 8. Accordingly, the impugned entire proceeding in pursuance of Charge Sheet dated 15.08.2010 in Case No.12230 of 2014 arising out of Case Crime No. 503 of 2010, Under Sections 452, 352, 324, 504, 506 I.P.C. Police Station Tajganj, District Agra, is hereby quashed. 9. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 8.7.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad