Junaid Alias Adil and Another Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:132665

Court No. - 72

Case :- APPLICATION U/S 482 No. - 16977 of 2024

Applicant :- Junaid Alias Adil And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.

¶5

Hon'ble Deepak Verma,J.

¶6

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

¶7

The present 482 Cr.P.C. application has been filed to quash the entire proceedings of case no. 492 of 2014 State Vs. Junaid and another, u/s 452, 323, 504, 427 I.P.C. pending in the court of learned Judge Small Causes, Moradabad arising out of case crime no. 58 of 2013, P.S. Mugalpura. District Moradabad, to quash the impugned charge sheet dated 6.5.2013 submitted in the aforesaid case and also to quash the impugned order of taking cognizance and summoning the applicants dated 27.8.2013 passed by the learned J.M.-IV Moradabad.

¶8

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 26.07.2024 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 30.08.2024 verified the parties as well as compromise application, the same has been forwarded to this Hon'ble Court vide letter dated 04.09.204, the same 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.

¶9

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.

¶10

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

¶11

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.

¶12

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.

¶13

Accordingly, the impugned cognizance/summoning order dated 27.8.2013 passed in case no. 492 of 2014, arising out of case crime no. 58 of 2013, u/s 452, 323, 504, 427 I.P.C., P.S. Mugalpura. District Moradabad, pending in the court of learned J.M-IV, Moradabad, is hereby quashed .

¶14

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

¶15

Order Date :- 6.8.2025 Nitin Verma

¶16

Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad

Junaid Alias Adil and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Junaid Alias Adil and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases