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Neutral Citation No. - 2025:AHC:117959 Court No. - 72 Case :- APPLICATION U/S 482 No. - 29330 of 2024 Applicant :- Girraj And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.,Manoj Kumar Gupta Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants; learned counsel for opposite party no. 2 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 26.10.2023; cognizance dated 24.11.2023 as well as entire proceedings of Case No.967 of 2023 (State Vs. Girraj and others) Case Crime no. 280 of 2023, under Sections 308, 427, 504, 506, 323 I.P.C. P.S. Junawai, District Sambhal at Chandausi, pending in the court of the learned Civil Judge (Senior Division)/Additional Chief Judicial Magistrate Sambhal at Chandausi. 3. As per prosecution version, when the informant and his brother were going to village, the applicants stopped their vehicle/tempo and beaten them, as a result they received grievous injury. Counsel for the applicants submits that though the injuries are grievous in nature but the applicants and opposite party no. 2 have amicably settled the dispute out of the court. Counsel for the applicant submits that applicants filed 482 Application before this Court to quash the proceedings and the Co- ordinate Bench of this Court vide orders dated 03.09.2024 and 24.10.2024 directed the parties to appear before the court below for verification of compromise. 4. Pursuant to the said orders, the parties appeared before the court below and in their presence, after due verification of the contents of the compromise made between the parties, the court vide order dated 16.12.2024 has passed the verification report.Thereafter, a letter dated 18.12.2024 has been transmitted to this Court by the Civil Judge (S.D.) Chandausi. A copy of the same is annexed with the application. 5. 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. 6.
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. 7. 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. 8. 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.967 of 2023 (State Vs. Girraj and others) Case Crime no. 280 of 2023, under Sections 308, 427, 504, 506, 323 I.P.C. P.S. Junawai, District Sambhal at Chandausi, is hereby quashed. 9. The application under Section 482 CrPC is accordingly allowed. Order Date :- 21.7.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad