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2025 DAILYLAW 98861 (ALL)

ALAMGEER AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/31984/2024 · 2025-07-20

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:117973 Court No. - 72 Case :- APPLICATION U/S 482 No. - 31984 of 2024 Applicant :- Alamgeer And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A.,Sandeep Kumar Chaurasiya Hon'ble Deepak Verma,J. 1. Supplementary affidavit filed today, is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the informant, and learned A.G.A. for the State. 3. The present 482 Cr.P.C. application has been filed to quash the the entire proceeding of Case No.2085 of 2022 (State versus Mohtram) & Case No.3170 of 2023 (State versus Alámgeer & others), in Case Crime No.324 of 2021, under sections 420, 406, 120B, 506 I.P.C., Police Station- Janakpuri, District- Saharanpur as well as charge sheet dated 4.6.2022 & 1.11.2022 and cognizance/summoning order dated 13.6.2022 & 14.12.2023 passed by learned Additional Chief Judicial Magistrate IInd Saharanpur, which is pending in the Court of learned Additional Chief Judicial Magistrate 1st Saharanpur in pursuance of compromise dated 9.5.2024. 4. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicant approached this Hon'ble Court by filing this 482 application with prayer to quash the proceedings on terms of compromise dated 09.05.2024 entered between the parties, the Hon'ble Court vide order dated 10.02.2025 passed following order:- "Learned counsel for both the parties jointly submitted that parties settled their dispute with regard to offence punishable under Sections 420, 406, 120- B, 506 of I.P.C. on the basis of compromise dated 9.5.2024. Certified copy of the compromise is on record. Both the parties are directed to appear before the court concerned within six weeks from today for verification. Court concerned is directed to verify the same. Applicants are directed to file supplementary affidavit annexing therewith certified copy of the verified compromise as well as verification proceedings. Put up this case as fresh on 4.6.2025. Till the next date of listing, further proceedings of Criminal Case No. 2085 of 2022 (State Vs. Mohtram) & Case No. 3170 of 2023 (State Vs. Alamgeer and others), arising out of Case Crime No. 324 of 2021, under Sections 420, 406, 120-B, 506 of I.P.C., Police Station- Janakpuri, District Saharanpur, pending in the Court of Additional Chief Judicial Magistrate, Court No. 1, Saharanpur, shall remain stayed against the applicants. " 5. In pursuance of order of this Court dated 10.02.2025, the Trial court vide order dated 08.07.2025 verified the parties as well as compromise application. Trial Court has sent the verification report to this Court through letter dated 08.07.2025, which is on record. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 have settled through compromise their private and civil dispute and as such opposite party no.2 does 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. 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. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 8. The Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non- compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which, law expounded by the Hon'ble Apex Court in the aforesaid cases has been explained in detail. 9. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case. 10. Accordingly, the impugned charge sheet dated 4.6.2022 & 1.11.2022 and cognizance/summoning order dated 13.6.2022 & 14.12.2023 passed by learned Additional Chief Judicial Magistrate IInd Saharanpur as well as the entire proceedings of Criminal Case No. 2085 of 2022 (State Vs. Mohtram) & Case No. 3170 of 2023 (State Vs. Alamgeer and others), arising out of Case Crime No. 324 of 2021, under Sections 420, 406, 120-B, 506 of I.P.C., Police Station- Janakpuri, District Saharanpur, pending in the Court of Additional Chief Judicial Magistrate, Court No. 1, Saharanpur, are hereby quashed. 11. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 21.7.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad