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2025 DAILYLAW 99774 (ALL)

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

A482/32318/2024 · 2025-05-19

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84442 Court No. - 84 Case :- APPLICATION U/S 482 No. - 32318 of 2024 Applicant :- Sooraj And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Yadav Counsel for Opposite Party :- G.A.,Rajendra Singh Yadav Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, learned counsel for the informant, and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 30.10.2021, cognizance order dated 09.01.2024 as well as entire proceeding of Case No.68 of 2024 arising out of Case Crime No.94 of 2021 (State vs. Sooraj and others), under sections 323, 504, 506 & 452 I.P.C., Police Station Holagarh, District Prayagraj, pending before Judicial Magistrate 3rd Allahabad. 3. Learned counsel for the applicants submits that parties have amicably settled their dispute out of Court and entered into a compromise and has filed present 482 Cr.P.C. application to quash the proceedings pending against the applicants in terms of compromise. Compromise deed dated 02.09.2024 has been filed with the supplementary affidavit. Parties appeared before the trial court and parties were verified through their counsels and compromise deed was also verified. He next submitted that since parties have compromised the matter, therefore, the proceeding pending against the applicants be quashed and opposite party no.2 (informant) does not want to pursue the case further. 4. 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. 5. Learned AGA submitted that both the parties have settled their dispute out of the Court, hence, no reason to proceed further. 6. 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. 7. 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. 8. Accordingly, the proceeding of Case No.68 of 2024 arising out of Case Crime No.94 of 2021 (State vs. Sooraj and others), under sections 323, 504, 506 & 452 I.P.C., Police Station Holagarh, District Prayagraj, pending before Judicial Magistrate 3rd Allahabad. is hereby quashed. 9. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 20.5.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad