ABHISHEK SINGH AND 5 OTHERS v. State of U.P. AND 2 OTHERS
A482/28798/2024 · 2025-04-23
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 90360 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 90360 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:63134 Court No. - 84 Case :- APPLICATION U/S 482 No. - 28798 of 2024 Applicant :- Abhishek Singh And 5 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajiv Kumar Mishra,Sandeep Singh Counsel for Opposite Party :- Anand Kumar Mishra,G.A.,Shashi Kant Hon'ble Deepak Verma,J.
1. Supplementary affidavit, filed today, is taken on record. 2. Heard learned counsel for the applicants; learned counsel for the opposite party nos. 2 and 3; 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 30.05.2024 as well as entire proceedings of case no. NIL/2024 (State Vs. Abhishek and others) case crime no. 247 of 2022, under Sections 147, 323, 325, 506 I.P.C. P.S. Sahjanwa, District-Gorakhpur pending before the learned Additional Chief Judicial Magistrate/F.T.C, Gorakhpur. 4. It is alleged in the FIR that on account of village partybandi, applicants beaten the son of informant with lathi danda. Learned counsel for the applicants submits that injuries are simple in nature and not on the vital part. The applicants challenged the aforesaid proceedings by way of filing instant 482 Application to quash the proceedings pending against the applicants in aforesaid sections and in terims of compromise and the Co-ordinate Bench of this Court vide order dated 16.10.2024 after hearing 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 16.10.2024, the parties appeared before the court below and in their presence, after due verification of the parties and the contents of the compromise made between them, the court vide order dated 21.11.2024 has passed the verification order. A copy of the same is annexed with the supplementary affidavit as well as available on record. 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 nos. 2 and 3 do 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 nos.
2 and 3 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 nos. 2 and 3 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. NIL/2024 (State Vs. Abhishek and others) case crime no. 247 of 2022, under Sections 147, 323, 325, 506 I.P.C. P.S. Sahjanwa, District-Gorakhpur, is hereby quashed. 10. This application under Section 482 CrPC is accordingly allowed. Order Date :- 24.4.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad