Mohd. Hashim Khan v. State of U.P & Anr.

Second supplementary affidavit filed today by learned counsel for the applicant, is taken on record.

Heard learned counsel for the applicants, learned counsel for the informant, and learned A.G.A. for the State.

This application u/s 482 Cr.P.C. has been filed for quashing of the entire proceedings, including summoning order dated 27.03.2019 as well as order dated 06.06.2019, of Complaint Case No. 748 of 2019, (Ashanand Mishra Vs. Mohd. Hashim Khan and Another), under Sections 406, 420, 506 I.P.C., P.S. Sisamau, District Kanpur Nagar, pending in the court of F.T.C. (J.D.), Kanpur Nagar in terms of the compromise arrived at between the parties.

Learned counsel for the applicants submitted that this Court vide order dated 03.02.2020 granted interim protection in favour of the applicants, thereafter, applicants and opposite party no.2 have amicably settled their dispute out of the Court and made request before this Court that since parties have compromised the matter and compromise deed has already been filed before the Trial Court, as such, the aforesaid proceedings may be quashed in terms of the compromise arrived at between the parties. This Court vide order dated 06.03.2025 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 19.03.2025 verified the parties as well as compromise application. 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.

Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further.

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.

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.

Accordingly, the impugned entire proceedings, including summoning order dated 27.03.2019 as well as order dated 06.06.2019, of Complaint Case No. 748 of 2019, (Ashanand Mishra Vs. Mohd. Hashim Khan and Another), under Sections 406, 420, 506 I.P.C., P.S. Sisamau, District Kanpur Nagar, pending in the court of F.T.C. (J.D.), Kanpur Nagar, is hereby quashed.

This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 16.4.2025 Aditya ADITYA KUSHWAHA High Court of Judicature at Allahabad