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2025 DAILYLAW 93257 (ALL)

MOHD MOMIN v. State of U.P. AND ANOTHER

A482/30224/2024 · 2025-07-24

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:122585 Court No. - 72 Case :- APPLICATION U/S 482 No. - 30224 of 2024 Applicant :- Mohd Momin Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- Laxmi Kant Bhatt,G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the impugned charge-sheet dated 02.03.2024, cognizance and summoning order dated 14.05.2024 as well as entire proceedings of Case No.41230 of 2024 (State Vs. Mohd.Momin), under Sections 504, 506, 452, 354 I.P.C., Police Station Bajaria, District Kanpur Nagar, pending in the Court of Special Chief Judicial Magistrate, Kanpur Nagar. 3. Learned counsel for the applicant submits that the applicant and opposite party no.2 have amicably settled the dispute out of Court in terms of compromise dated 29.07.2024. It is next submitted that the applicants filed 482 application before this Court to quash the proceedings as both the parties have amicably settled the dispute out of the court. This Court vide order dated 29.11.2024 directed the parties to appear before the court below within six weeks for verification of compromise dated 29.07.2024 (Annexure 6 to the application). The order dated 29.11.2024 is being quoted below:- "Shri Laxmi Kant Bhatt, Advocate has filed Vakalatnama on behalf of opposite party No. 2 today, which is taken on record. Learned counsel for both the parties jointly submitted that parties settled their dispute with regard to offence punishable under Sections 452, 354, 504, 506 of I.P.C. on the basis of compromise dated 29.7.2024. Certified copy of the compromise is on record. Both the parties are directed to appear before the court concerned within six weeks from today for verification. Court concerned is directed to verify the same. Applicant is directed to file supplementary affidavit annexing therewith certified copy of the verified compromise as well as verification proceedings. Put up this case as fresh on 21.4.2025 showing the name of Shri Laxmi Kant Bhatt as counsel for the opposite party No. 2. Till the next date of listing, further proceedings of Criminal Case No. 41230 of 2024 (State Vs. Mohd. Momin), arising out of Case Crime No. 111 of 2023, under Sections 452, 354, 504, 506 of I.P.C., Police Station- Bajaria, District Kanpur Nagar, pending in the Court of Chief Judicial Magistrate, Kanpur Nagar shall remain stayed against the applicant." 4. Pursuant to the said order dated 29.11.2024, the parties appeared before the court below and after due verification of the parties and contents of the compromise made between them, the court below vide order dated 06.01.2025 has passed the verification order. A copy of the same is available on record. Learned Special Chief Judicial Magistrate, Kanpur Nagar, has transmitted the verification report to this Court by letter dated 07.01.2025. 5. Learned counsel for the applicant has submitted that the applicans and opposite party no.2 have settled their private and civil dispute through compromise and as such opposite party no.2 do not wish to press the aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicant and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 6. 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. 7. 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 proceeding of Case No.41230 of 2024 (State Vs. Mohd.Momin), under Sections 504, 506, 452, 354 I.P.C., Police Station Bajaria, District Kanpur Nagar, pending in the Court of Special Chief Judicial Magistrate, Kanpur Nagar, is hereby quashed. 8. The application under Section 482 Cr.P.C is accordingly allowed. Order Date :- 25.7.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad