MOHD SHAHAJAD AND 4 OTHERS v. State of UP AND 3 OTHERS
A482/32054/2024 · 2025-05-19
Deepak Verma
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 98194 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 98194 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:84559 Court No. - 84 Case :- APPLICATION U/S 482 No. - 32054 of 2024 Applicant :- Mohd Shahajad And 4 Others Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Kuldeep Singh Tomar Counsel for Opposite Party :- G.A.,Kapil Kumar Hon'ble Deepak Verma,J.
1. Supplementary affidavit, filed today, is taken on record.
2. Heard learned counsel for the applicants; learned counsel for opposite party nos. 2 to 4; learned A.G.A. for the State and perused the record.
3. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 11-10-2022; cognizance order dated 07-07- 2023 (State Vs. Shahajad & others) in Case No. 17082/9 of 2023 arising out of Case Crime No. 307 of 2022, under sections 147, 148, 308, 352, 323, 506 I.P.C., Police Station Budhana, District Muzaffarnagar pending in the court of learned Additional Chief Judicial Magistrate, Court no. 1, Muzaffarnagar.
4. As per F.I.R. allegation, applicants committed marpeet with the son of informant, as a result informant's son sustained grievous injury. Learned counsel for the applicants submits that the applicants filed 482 petition to quash the proceedings as both the parties have amicably settled the dispute out of the court. The Co- ordinate Bench of this Court vide order dated 19.12.2024 directed the parties to appear before the court below for verification of compromise.
5. Pursuant to the said order dated 19.12.2024, the parties appeared before the court below and in their presence, after due verification of the parties and contents of the compromise made between them, the court vide order dated 30.01.2025 has passed the verification
order. A copy of the same is annexed with the application. Thereafter, a report has been submitted by the Additional Chief Judicial Magistrate, court no. 1, Muzaffarnagar, through letter dated 05.02.2025. The same is also taken on record.
6. Learned counsel for the applicants has submitted that the
applicant and opposite party nos. 2 to 4 have settled their private and civil dispute through compromise and as such opposite party nos. 2 to 4 does not wish to press the aforesaid case against the applicant. Opposite party nos. 2 to 4 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.
7. Learned counsel appearing for the opposite party nos. 2 to 4 do 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 nos. 2 to 4 have no objection, if the proceedings in the aforesaid case are quashed.
8. In view of the facts and circumstances of the case, the applicants and opposite party nos. 2 to 4 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.
9. 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. 17082/9 of 2023 arising out of Case Crime No. 307 of 2022, under sections 147, 148, 308, 352, 323, 506 I.P.C., Police Station Budhana, District Muzaffarnagar, is hereby quashed.
10. The application under Section 482 CrPC is accordingly allowed.
Order Date :- 20.5.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad