Rahis Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:124339

Court No. - 72

Case :- APPLICATION U/S 482 No. - 12278 of 2024

Applicant :- Rahis Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Shri Manoj Kumar Tripathi, learned counsel for the applicant and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the chargesheet dated 25.09.2018 and cognizance order dated 07.03.2019 as well as entire proceedings of Criminal Case No. 388 of 2019 (State versus Rahees) arising out of Case Crime No. 775 of 2018 registered under Sections 406, 420, 504 and 506 I.P.C. Police Station-Hapur Nagar, District-Hapur pending before the Chief Judicial Magistrate, Hapur.

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Learned counsel for the applicants submitted that applicants 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 12.08.2024 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 08.10.2024 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.

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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

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by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed.

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

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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 noncompoundable 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.

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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.

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Accordingly, the impugned chargesheet dated 25.09.2018 and cognizance order dated 07.03.2019 as well as entire proceedings of Criminal Case No. 388 of 2019 (State versus Rahees) arising out of Case Crime No. 775 of 2018 registered under Sections 406, 420, 504 and 506 I.P.C. Police Station-Hapur Nagar, DistrictHapur, are hereby quashed.

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This application under Section 482 Cr.P.C. is accordingly allowed .

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Order Date :- 28.7.2025 SY

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Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad

Rahis v. State of U.P. and Another

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