Ajay Kumar & Anr. v. State of U.P & Anr.

Heard learned counsel for the applicants, learned counsel for the opposite party no. 2, and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Criminal Case No. 4123 of 2024 (State Vs. Ajay and others), arising out of Case Crime No. 934 of 2023, under Section 323, 324, 504, 506 I.P.C., Police Station-Majhola, District-Moradabad, pending in the Court of Chief Judicial Magistrate, Moradabad as well as cognizance order dated 12.03.2024 on the basis of compromise dated 04.05.2024.

Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Injuries received by the injured are simple in nature. Applicants 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 09.08.2024 passed following order:- "1. Heard Sri Manoj Kumar Singh, learned counsel for the applicants, Sri Jaideep Pandey, Advocate holding brief of Sri Raj Kumar Singh, learned counsel for the opposite party no.2 and Sri Triveni Sharan Rai, learned State counsel and perused the record.

2. Learned counsel for the applicants argued that the parties have entered into compromise which is dated 04.05.2024, copy of the said compromise is annexed as Annexure no. 4 to the affidavit in support of present 482 Cr.P.C. application. It is argued that as such the present proceedings be quashed.

3. Looking to the facts of the case, it is provided that the applicants shall file the said compromise within a period of two weeks from today before the court concerned who shall verify the same within three weeks thereafter and send its report to this Court.

List on 03.10.2024.

Till the next date of listing, no coercive action shall be taken against the applicants- Ajay Kumar and Raju Sagar, in Criminal Case No. 4123 of 2024 (State vs. Ajay and others), arising out of Case Crime No. 934 of 2023, under Sections 323, 324, 504, 506 I.P.C., Police Station Majhola, District Moradabad, pending before the Chief Judicial Magistrate, Moradabad. "

4. In pursuance of order of this Court dated 09.08.2024, the Trial court vide order dated 02.09.2024 verified the parties as well as compromise application through their counsels. Verification report dated 02.09.2024 has been forwarded to this Court by Additional Chief Judicial Magistrate, Court No. 6, Moradabad through its letter dated 20.09.2024, which is available 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.

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 proceeding of Criminal Case No. 4123 of 2024 (State Vs. Ajay and others), arising out of Case Crime No.934 of 2023, under Section 323, 324, 504, 506 I.P.C., Police Station-Majhola, District-Moradabad, pending in the Court of Chief Judicial Magistrate, Moradabad as well as cognizance order dated 12.03.2024, are hereby quashed.

This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 6.8.2025 Aditya ADITYA KUSHWAHA High Court of Judicature at Allahabad