MUNNA @ MUNNE DARJI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/30790/2024 · 2025-04-09
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 94944 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 94944 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:53297 Court No. - 84 Case :- APPLICATION U/S 482 No. - 30790 of 2024 Applicant :- Munna @ Munne Darji And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyendra Kumar Dwivedi Counsel for Opposite Party :- G.A.,Vani Tiwari,Vimal Srivastava 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 entire proceedings of Case No. 580 of 2005 (State Vs. Munna and others) Under sections 457, 380, 411, I.P.C. arising out of Case crime no. 288 of 2003 Police Station- Phoolpur, District- Prayagraj pending in the Court of Judicial Magistrate, IVth Allahabad.
3. As per F.I.R. allegation, some unknown persons stolen the pump set of informant amounting to Rs.1000/-.Learned counsel for the applicants submits that the parties have settled the dispute. The Co-ordinate Bench of this Court vide order dated 30.09.2024
directed the parties to appear before the court below within three weeks and file the compromise, thereafter the concerned court shall verify the compromise deed.
4. Pursuant to the said order dated 30.09.2024, a report of Judicial Magistrate, Prayagraj dated 10.10.2024 has been submitted before this Court regarding verification of the contents of the compromise made between the parties. The same is taken on record.
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. 580 of 2005 (State Vs. Munna and others) Under sections 457, 380, 411, I.P.C. arising out of Case crime no. 288 of 2003 Police Station- Phoolpur, District- Prayagraj, is hereby quashed.
9. This application under Section 482 CrPC is accordingly allowed.
Order Date :- 10.4.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad