ASLAM ALI AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A482/30207/2024 · 2025-07-02
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 90316 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 90316 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:103759 Court No. - 72 Case :- APPLICATION U/S 482 No. - 30207 of 2024 Applicant :- Aslam Ali And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar Mishra,Shashi Kant Counsel for Opposite Party :- G.A.,Rajiv Kumar Mishra,Sandeep Singh Hon'ble Deepak Verma,J.
1. Counsel for the applicants has filed supplementary affidavit annexing therewith verification report dated 21.04.2024. The same is taken on record. 2. Heard learned counsel for the applicants; learned counsel for the informant; 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 Cognizance order dated 26.04.2024 passed by the learned Additional Chief Judicial Magistrate/F.T.C, Gorakhpur in case no. 20068/2024 (State Vs. Aslam Ali and others) case crime no. 246 of 2022, under Sections 323,504,506,308 I.P.C. P.S. Sahjanwa, District-Gorakhpur pending before the learned Additional Chief Judicial Magistrate/ F.T.C. Gorakhpur. 4. Learned counsel for the applicants submits that initially the F.I.R. was registered under Sections 323, 504, 506, thereafter on account of injury sustained by the injured, Section 308 I.P.C. was added. It is next submitted that on perusal of injury report, the injuries are simple in nature. Applicants challenged the aforesaid proceedings by way of filing instant 482 Application before this Court and the Co-ordinate Bench of this Court vide order dated 24.10.2024 after hearing the parties and considering that parties entered into compromise, sent the matter before the trial court for verification of the parties. 5. Pursuant to the said order dated 24.10.2024, 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 21.11.2024 has passed the verification report. A copy of the same is annexed with the application. 6. Learned counsel for the applicant 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 A.G.A. and counsel for the opposite party no.
2 do not dispute the correctness of the submission made by learned counsel for the applicant or the correctness of the documents relied upon by him. 8. In view of the facts and circumstances of the case, the applicant 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. 20068/2024 (State Vs. Aslam Ali and others) case crime no. 246 of 2022, under Sections 323,504,506,308 I.P.C. P.S. Sahjanwa, District-Gorakhpur, is hereby quashed. 10. This application under Section 482 CrPC is accordingly allowed. Order Date :- 3.7.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad