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2025 DAILYLAW 98491 (ALL)

PREMCHAND SHARMA AND 3 OTHERS v. State of U.P. AND ANOTHER

A482/31770/2024 · 2025-07-24

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123003 Court No. - 72 Case :- APPLICATION U/S 482 No. - 31770 of 2024 Applicant :- Premchand Sharma And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A.,Keshari Nandan Singh 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 Criminal Case No. 7030 of 2023 (arising out of Case Crime No. 551 of 2022) 'State of U.P. Vs. Premchand Sharma & others' Under Sections 323, 406, 504, 506 IPC, Police Station-Kavinagar, District-Ghaziabad. 3. As per prosecution version, the applicants borrowed money from informant but failed to return the same and when the informant demanded to return the amount, the applicants hurled abuses and beaten the informant. Counsel for the applicants submits that the applicants and opposite party no. 2 have amicably settled the dispute out of the court. Counsel for the applicant submits that applicants filed 482 Application before this Court to quash the proceedings and the Co-ordinate Bench of this Court vide order dated 22.10.2024 directed the parties to appear before the court below for verification of compromise. 4. Pursuant to the said order, the parties appeared before the court below and in their presence, after due verification of the contents of the compromise made between the parties, the court vide order dated 14.02.2025 has passed the verification report.Thereafter, a letter dated 21.02.2025 has been transmitted to this Court by the Chief Judicial Magistrate, Ghaziabad. A copy of the same is annexed with the application. 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 Criminal Case No.7030 of 2023 (arising out of Case Crime No. 551 of 2022) 'State of U.P. Vs. Premchand Sharma & others' Under Sections 323, 406, 504, 506 IPC, Police Station-Kavinagar, District-Ghaziabad, is hereby quashed. 9. The application under Section 482 CrPC is accordingly allowed. Order Date :- 25.7.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad