Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 93503 (ALL)

ARCHANA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/30266/2024 · 2025-07-24

Deepak Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:122641 Court No. - 72 Case :- APPLICATION U/S 482 No. - 30266 of 2024 Applicant :- Archana And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- Sanjay Kumar,G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, 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 11.01.2023, cognizance and summoning order dated 03.02.2024 as well as entire proceedings of Case No.1248 of 2024 arising out of Case Crime No.409 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Bindki, District Fatehpur, pending in the Court of Additional Chief Judicial Magistrate, Court no.2, Fatehpur. 3. Learned counsel for the applicant submits that the applicants and opposite party no.2 have amicably settled the dispute out of Court in terms of compromise dated 03.07.2024. 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 03.07.2024 (Annexure 6 to the application). The order dated 29.11.2024 is being quoted below:- "Sri Sanjay Kumar Maurya, Advocate has filed Vakalatnama on behalf of the opposite party no. 2 along-with short counter affidavit, which is taken on record. Learned counsel for both the parties submitted that parties settled their dispute arising out of offence punishable under Sections 419, 420, 467, 468, 471 of I.P.C. P.S. Bindiki, District Fatehpur on the basis of compromise dated 03.07.2024. A certified copy of the same is on record. Both the parties are directed to appear before the court concerned within six weeks from today for verification. Applicants are directed to file supplementary affidavit annexing certified copy of the compromise as well as verification proceedings of compromise and the court concerned is directed to verify the same. Put up this case as fresh on 21.04.2025. Till the next date of listing proceedings of Case No. 1248 of 2024 (State Vs. Archara) arising out of Case Crime No. 409 of 2021, under Sections 419, 420, 467, 468, 471 of I.P.C., Police Station- Bindki, District Fatehpur, pending in the Court of Additional Chief Judicial Magistrate, Court No. 2, Fatehpur shall remain stayed against the applicants." 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 04.01.2025 has passed the verification order. A copy of the same is available on record. Learned Additional Chief Judicial Magistrate, Court No.2, Fatehpur, has transmitted the verification report to this Court by letter dated 19.04.2025. 5. Learned counsel for the applicant has submitted that the applicants 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 applicants 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 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. 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.1248 of 2024 arising out of Case Crime No.409 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Bindki, District Fatehpur, pending in the Court of Additional Chief Judicial Magistrate, Court no.2, Fatehpur, 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