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Neutral Citation No. - 2025:AHC:128950 Court No. - 72 Case :- APPLICATION U/S 482 No. - 32577 of 2024 Applicant :- Rohit Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Diwakar Shukla Counsel for Opposite Party :- G.A.,Harish Chandra Yadav Hon'ble Deepak Verma,J.
1. Supplementary affidavit filed today, is taken on record.
2. Heard learned counsel for the applicant, learned counsel for the informant/opposite party no. 2, and learned A.G.A. for the State.
3. The present 482 Cr.P.C. application has been filed to quash the Charge sheet dated 18.12.2022, Summoning order dated 23.02.2024 as well as the entire proceeding of Case No. 2566 of 2024 (State Versus Rohit Shukla), arising out of Case Crime No. 294 of 2022, Under Section 452, 323, 504, 506 I.P.C., Police Station- Lalauli, District- Fatehpur, pending in the court of learned A.C.J.M, Court No. 2, Fatehpur on the basis of the compromise done between the parties.
4. Learned counsel for the applicant submitted that applicant 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 entered between the parties, the Hon'ble Court vide order dated 25.09.2024 passed following order:-
"Short counter affidavit filed today is taken on record. Heard learned counsel for the applicant and learned AGA for the State and learned counsel for respondent no. 2. This application u/s 482 Cr.P.C. has been filed for quashing the charge-sheet dated 18.12.2022 and summoning order dated 23.2.2024 as well as entire proceedings of Case No. 2566 of 2024 (State vs. Rohit Shukla) arising out of Case Crime no. 294 of 2022 under sections 452, 323, 504, 506 IPC, P.S. Lalauli, District Fatehpur pending in the court of ACJM, court no. 2, Fatehpur.
Learned counsel for the parties submits that good sense has prevailed between the parties and a compromise has arrived between them out of the court. The parties are not inclined to proceed with the case any further. The offence is triable by the Magistrate with maximum punishment upto seven years, therefore, direction may be issued to verify the compromise. The parties are directed to appear before the court concerned and file a fresh compromise within two weeks from today. Learned trial court after examining the genuineness of the factum of compromise, may verify the same and submit its report within a week after verification, either the parties may file certified copy of verification order before this Court. List this case as fresh on 28.10.2024. Till the next date of listing, no coercive process shall be adopted by the trial court. "
5. In pursuance of this Court order dated 25.09.2024, the Trial court vide order dated 03.03.2025 verified the parties as well as compromise application through their counsels. Verification report dated 03.03.2025 has been transmitted to this Court by Additional Chief Judicial Magistrate, Court No. 2, Fatehpur through letter dated 07.03.2025, which is on record. Learned counsel for the applicant has also filed verification report dated 03.03.2025 by supplementary affidavit. He further submitted that applicant and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicant. He further submitted that applicant 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 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. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicant 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 18.12.2022, Summoning order dated 23.02.2024 as well as the entire proceeding of Case No. 2566 of 2024 (State Versus Rohit Shukla), arising out of Case Crime No. 294 of 2022, Under Section 452, 323, 504, 506 I.P.C., Police Station- Lalauli, District- Fatehpur, pending in the court of learned A.C.J.M, Court No. 2, Fatehpur, are hereby quashed. 11. This application under Section 482 Cr.P.C. is accordingly allowed.
Order Date :- 1.8.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad