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2025 DAILYLAW 89959 (ALL)

SHARIF AND 7 OTHERS v. State of U.P. AND ANOTHER

A482/28983/2024 · 2025-05-18

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83398 Court No. - 84 Case :- APPLICATION U/S 482 No. - 28983 of 2024 Applicant :- Sharif And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kitab Ali,Suresh Chandra Pandey Counsel for Opposite Party :- Dhiraj Singh,G.A.,Hare Krishan Pandey Hon'ble Deepak Verma,J. 1. Supplementary affidavit, filed today, is taken on record. 2. Heard learned counsel for the applicants; learned counsel for opposite party no. 2; learned A.G.A. for the State and perused the record. 3. The present 482 Cr.P.C. application has been filed to quash the charge sheet 13.12.2023; cognizance/summoning order dated 18.12.2023 as well as entire proceedings of Case No. 9 of 2023 (State Vs.Sharif and Another) arising out of case crime no.227 of 2023, under Sections 386, 420, 406, 504, 506, 34, 419, 467, 468, 471 I.P.C., Police Station-Cantt, District-Prayagraj on the basis of compromise. 4. As per F.I.R. allegation applicants extorted money from the informant for establishing Ayurvedic factory on the land of informant. Thereafter they did not return the money of informant and threatened to life. Learned counsel for the applicants submits that the applicants filed 482 petition to quash the proceedings as 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. 5. 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 22.01.2025 has passed the verification order. A copy of the same is annexed with the supplementary affidavit. Thereafter, a report has been submitted by the Judicial Magistrate, court no. 4, Prayagraj through letter dated 15.02.2025. The same is also taken on record. 6. 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. 7. 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. 8. 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. 9. 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. 9 of 2023 (State Vs.Sharif and Another) arising out of case crime no.227 of 2023, under Sections 386, 420, 406, 504, 506, 34, 419, 467, 468, 471 I.P.C., Police Station-Cantt, District-Prayagraj, is hereby quashed. 10. 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