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Neutral Citation No. - 2025:AHC:57350 Court No. - 84 Case :- APPLICATION U/S 482 No. - 28414 of 2024 Applicant :- Amit Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Singh Counsel for Opposite Party :- G.A.,Sunil Kumar Tiwari 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 11.07.2019, cognizance order dated 12.07.2019 as well as to quash the entire proceeding in Criminal Case No.1847/9 of 2019 (State vs. Amit Kumar) arising out of Case Crime No.170 of 2019, under sections 420, 406, 386, 506 I.P.C., Police Station Shamli, District Shamli, pending in the court of Civil Judge (Senior Division), Kairana, Shamli.
3. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case. It is alleged in the FIR that accused persons are friends since last 20 years and took loan of Rs.7 lakh from the informant-complainant. When informant-complainant demanded the same, then applicant handed over a cheque, which was dishonoured. Learned counsel for the applicant next submits that applicant and informant have amicably settled the dispute out of Court and a settlement deed has been filed as Annexure 5 to the application. On account of compromise, applicant filed Application u/s 482 Cr.P.C. for quashing the entire proceeding pending against him in terms of compromise entered between the parties and this Court by order dated 11.09.2024 directed the parties to appear before the trial court for verification of compromise. Parties appeared before the trial court and they have been verified by the trial court through their counsels and passed verification order on 08.10.2024 and same was forwarded through letter dated 17.04.2025, which is on record. Learned counsel for the applicant has also filed verification
order dated 08.10.2024 through supplementary affidavit, which is also taken on record. Opposite party no.2 does not want to pursue the case further and proceeding be quashed in terms of compromise.
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 criminal proceeding in Criminal Case No.1847/9 of 2019 (State vs. Amit Kumar) arising out of Case Crime No.170 of 2019, under sections 420, 406, 386, 506 I.P.C., Police Station Shamli, District Shamli, pending in the court of Civil Judge (Senior Division), Kairana, Shamli, is hereby quashed.
9. This application under Section 482 Cr.P.C. is accordingly allowed.
Order Date :- 18.4.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad