High Court
Case Details
Neutral Citation No. - 2025:AHC:132749 Court No. - 72 Case :- APPLICATION U/S 482 No. - 20979 of 2024 Applicant :- Golu @ Abhilesh And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jitendra Singh,Premnendra Singh Counsel for Opposite Party :- G.A.,Prashant Kumar Singh,Sumit Mubai Hon'ble Deepak Verma,J.
Legal Reasoning
1. Heard learned counsel for the applicants, learned counsel for the opposite party no. 2, and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the Charge Sheet No. 167 of 2022 dated 18.11.2022 as well as the entire proceeding of Case No. 143 of 2023 (State vs. Golu Kaushik & others), under Section 364 I.P.C., arising out of Case Crime No. 0193 of 2022, under Section 365 I.P.C., Police Station- Bar, District- Lalitpur, pending before Additional Sessions Judge (First), Lalitpur. 3. Learned counsel for the applicants submitted that applicants and opposite party no.2 are close relatives and they have amicably settled their dispute out of the Court and entered into a compromise. He next submitted that during trial, prosecution witnesses have not supported the prosecution story. 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 10.12.2024 passed following order:- "1. Heard learned counsel for the applicants, learned counsel for the opposite party No. 2, learned A.G.A. for the State respondent and perused the record on Board. 2. It is submitted that during pendency of the criminal proceedings, both the parties have amicably settled their dispute out of the Court and arrived at compromise. At present, both the parties have buried the hatchet and they have no grudge against each other. Therefore, instant application may be allowed and the criminal proceedings may be quashed on the basis of the compromise. 3. Learned counsel for opposite party No. 2 has nodded the submissions as advanced by the learned counsel for the applicant and admitted the factum of the compromise took place between the parties. It is next contended that in changed circumstances, opposite party No. 2 is not inclined to prosecute the present applicant and, therefore, instant application may be allowed and entire criminal proceedings may be quashed on the basis of compromise. 4. In this conspectus, as above, both the parties are hereby directed to appear before the court below on 06/7.01.2025 to get their compromise verified. Learned court concerned, in turn, shall verify the same in the presence of both the parties after recording their statements and submit his verification report before this Court within a period of two month from the date of appearance of the parties. 5. List this matter on 11.03.2025 along with verification report submitted by the court concerned, if any. 6. Till the next date of listing, further proceedings in Case No. 143 of 2023 (State Vs. Golu Kaushik & others), under Section 364 IPC, arising out of Case Crime No.0193 of 2022, under Section 365 IPC, Police Station Bar, District Lalitpur, pending in the court of Additional Sessions Judge (First), Lalitpur, shall remain stayed. 7. Office is directed to return the original copy of the compromise application to the learned counsel for the applicants, which has been annexed as Annexure No.8 after retaining a photostat copy thereof." 4. In pursuance of order of this Court dated 10.12.2024, the Trial court vide order dated 16.01.2025 verified the parties as well as compromise application through their counsels. Verification report dated 16.01.2025 has been forwarded to this Court by Additional District & Session Judge (First), Lalitpur through its letter dated 30.01.2025, 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. 5. 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. 6. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 7. 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. 8. 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. 9. Accordingly, the impugned Charge Sheet No. 167 of 2022 dated 18.11.2022 as well as the entire proceeding of Case No. 143 of 2023 (State vs. Golu Kaushik & others), under Section 364 I.P.C., arising out of Case Crime No. 0193 of 2022, under Section 365 I.P.C., Police Station- Bar, District- Lalitpur, pending before Additional Sessions Judge (First), Lalitpur, are hereby quashed. 10. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 6.8.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad