Kulveer Singh and 3 Others Vs State of Up and Another

Neutral Citation No. - 2025:AHC:132691

Court No. - 72

Case :- APPLICATION U/S 482 No. - 17786 of 2024

Applicant :- Kulveer Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Dubey Counsel for Opposite Party :- G.A.,Mukti Nath Dwivedi

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Hon'ble Deepak Verma,J.

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Supplementary affidavit filed today, is taken on record.

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Heard learned counsel for the applicants, learned counsel for the opposite party no. 2, 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 charge-sheet no. 41 of 2024 dated 31.03.2024, cognizance/ summoning order dated 01.05.2024 as well as the entire proceedings of the Case No. 198 of 2024 (State vs. Kulveer Singh and others), arising out of Case Crime No. 08 of 2024, under Sections 323, 325, 504 IPC, P.S. Shergarh, District- Bareilly, pending in court of Civil Judge (Senior Division), Fast Track Court/ Additional Chief Judicial Magistrate, Bareilly, on the basis of compromise dated 08.05.2024.

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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 and entered into a compromise. Injuries received by the injured are simple in nature. 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 25.07.2024 passed following order:-

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"1. List revised.

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2. Heard Sri Anil Kumar Dubey, learned counsel for the applicants, Sri Mukti Nath Dwivedi, learned counsel for the opposite party no.2 and Sri Sai Girdhar, learned State counsel and perused the record. 3. Learned counsel for the applicants argued that the parties have entered into compromise which is dated 08.05.2024, copy of the said compromise is annexed as Annexure no.5 to the affidavit in support of present 482 Cr.P.C. application. It is argued that as such the present proceedings be quashed.

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4. 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.

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5. List on 05.09.2024.

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6. Till the next date of listing, no coercive action shall be taken against the applicants- Kulveer Singh, Savitri, Prem Singh @ Harprem Singh and Ramchandra, in Case No. 198 of 2024 (State vs. Kulveer Singh and others), arising out of Case Crime No. 08 of 2024, under Sections 323, 325, 504 I.P.C., Police Station Shergarh, District Bareilly, pending before the Civil Judge (Senior Division)- Fast Track Court / Additional Chief Judicial Magistrate, Bareilly. "

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In pursuance of order of this Court dated 25.07.2024, the Trial court vide order dated 06.08.2024 verified the parties as well as compromise application through their counsels. Verification report dated 06.08.2024 has been forwarded to this Court through letter dated 06.08.2024. Counsel for the applicants has also filed the verification report dated 06.08.2024 by supplementary affidavit. 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 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 non-

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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.

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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 charge-sheet no. 41 of 2024 dated 31.03.2024, cognizance/ summoning order dated 01.05.2024 as well as the entire proceedings of the Case No. 198 of 2024 (State vs. Kulveer Singh and others), arising out of Case Crime No. 08 of 2024, under Sections 323, 325, 504 IPC, P.S. Shergarh, DistrictBareilly, pending in court of Civil Judge (Senior Division), Fast Track Court/ Additional Chief Judicial Magistrate, Bareilly, are hereby quashed.

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

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Order Date :- 6.8.2025 Aditya

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Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad

Kulveer Singh and 3 Others v. State of Up and Another

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