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2025 DAILYLAW 9374 (ALL)

SATYAM VERMA v. STATE OF U.P. AND ANOTHER

A482/2039/2025 · 2025-09-03

Deepak Verma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 2039 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant, learned counsel for the informant, 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 charge-sheet No.01 of 2021 dated 13.06.2021, cognizance order dated 26.07.2021 as well as entire proceedings of Sessions Trial No.703 of 2021 (State vs. Satyam Verma) arising out of Case Crime No.178 of 2021, under Sections 363, 366 I.P.C., Police Station Harraiya, District Basti, pending in the court of Additional Sessions Judge, Court no.2, Basti on the basis of compromise. 3. Learned counsel for the applicant submits that the applicant is son -in-law of the opposite party no.2. Opposite party no.2 lodged FIR against the applicant under aforesaid sections. Thereafter, applicant solemnized marriage with daughter of opposite party no.2 and passing happy married life. Applicant and opposite party no.2 are victim and have compromised the matter. Instant application has filed to quash the proceeding as parties have settled the dispute out of court in terms of compromise dated 24.10.2024. Learned counsel for the applicant next submits that informant/opposite party no.2 do not want to pursue the case against the applicant. 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 02.04.2025 directed the parties to appear before the court below for verification of compromise dated 24.10.2024 (Annexure 4 to the affidavit). The order dated 02.04.2025 is being quoted below:- "1. Heard Sri Rama Shankar Upadhyay, learned counsel for the applicant, Sri Shashidhar Pandey, learned A.G.A. for the State-O.P. no.1 and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed for quashing the proceeding of S.T. No.703 of 2021 (State v. Satyam Verma), arising out of Case Crime No.178 of 2021, under Sections 363 and 366 IPC, P.S. Harraiya, District Basti. Versus Counsel for Applicant(s) : Rama Shankar Upadhyay Counsel for Opposite Party(s) : G.A., Narsingh Pandey Satyam Verma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 3. It is submitted by learned counsel for the applicant that the parties have amicably settled their dispute outside the Court and the opposite party no.2 does not want to prosecute the applicant. The compromise has taken place between them on 20.02.2025 and the compromise deed has been annexed as Annexure-4 to the affidavit filed in support of the application. 4. Learned A.G.A. and learned counsel appearing for the opposite party no.2 do not dispute the aforesaid facts. 5. In view of above facts, the parties shall file an application along with the compromise deed and appear before the Court concerned for verification of the compromise on in the third Week of April, 2025. On receiving the said application, the Court below shall take steps for verification of the compromise and shall prepare a verification report. The concerned Court shall send the verification report to this Court, which may be placed in the file. 6. Put up this matter as fresh on 05.05.2025 along with report of Court below. 7. Meanwhile, no coercive action shall be taken against the applicant, in the aforesaid case, till the next date of listing." 4.Pursuant to the said order dated 02.04.2025, 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 18.04.2025 has passed the verification order. A copy of the same is available on record. Verification report dated 18.04.2025 has forwarded to this Court by Additional Session Judge, Court no.2, Basti on 26.04.2025. 5. 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 do not wish to press the aforesaid case against the applicant. 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 applicants and opposite party nos.2 to 6 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 A482 No. 2039 of 2025 2 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 Sessions Trial No.703 of 2021 (State vs. Satyam Verma) arising out of Case Crime No.178 of 2021, under Sections 363, 366 I.P.C., Police Station Harraiya, District Basti, pending in the court of Additional Sessions Judge, Court no.2, Basti is hereby quashed. 8. The application under Section 482 Cr.P.C is accordingly allowed. September 4, 2025 SKD A482 No. 2039 of 2025 3 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad