Allowed¶15

Kadir and 3 Others v. State of U.P. & 3 Others

Allahabad HC13 Jul 2025A482/19545/2024

Case brief

AI extract

What is this about?

482 CrPC application allowed; charge sheet 18.10.2023 and cognizance/summoning order 19.01.2024 quashed; Case No. 1729 of 2024 (State Vs. Kadir & Others), Crime No. 202 of 2023, Sections 354, 323, 324, 504, 506, 308 IPC, PS Dilari, Moradabad, ACJM Court No. 1; compromise dated 27.03.2024 verified by court below 22.05.2024; reliance on Krishnappa, Parbatbhai Aahir, B.S. Joshi, Nikhil Merchant, Gian Singh, Narinder Singh; Deepak Verma, J.; decided 14.7.2025.

What did the court decide?

Entire proceedings of Case No. 1729 of 2024 (State Vs. Kadir & Others) arising out of Crime No. 202 of 2023, under Sections 354, 323, 324, 504, 506, 308 I.P.C., Police Station Dilari, District Moradabad, quashed; application under Section 482 CrPC allowed. ¶15

Kadir and 3 Others Vs State of U.P. & 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the charge sheet dated 18.10.2023, the cognizance/summoning order dated 19.01.2024 and the entire proceedings of Case No. 1729 of 2024 (State Vs. Kadir & Others) arising out of Crime No. 202 of 2023, under Sections 354, 323, 324, 504, 506, 308 I.P.C., pending before the Additional Chief Judicial Magistrate, Court No. 1, Moradabad, should be quashed in view of the compromise made between the parties dated 27.03.2024.

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Court's answer

Since the matter has been mutually settled between the applicants and opposite party nos. 2 to 4 through a compromise duly verified by the court below (verification order dated 22.05.2024), no useful purpose would be served in proceeding with the prosecution further.

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Ratio / Principle

In view of the settled principles laid down by the Apex Court in the cited matters, the proceedings of Case No. 1729 of 2024 (State Vs. Kadir & Others) arising out of Crime No. 202 of 2023, under Sections 354, 323, 324, 504, 506, 308 I.P.C., Police Station Dilari, District Moradabad, are quashed.

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Key takeaways

The application under Section 482 CrPC is accordingly allowed.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Deepak Verma, J.), Court No. 72, Application U/S 482 No. 19545 of 2024, order dated 14.7.2025: On the basis of the compromise dated 27.03.2024 between the applicants and opposite party nos. 2 to 4, duly verified by the court below vide verification order dated 22.05.2024 (following the direction issued by this Court on 13.05.2024 pursuant to earlier Application No. 13309 of 2024), the Court quashed the charge sheet dated 18.10.2023, the cognizance/summoning order dated 19.01.2024 and the entire proceedings of Case No. 1729 of 2024 (State Vs. Kadir & Others) arising out of Crime No. 202 of 2023, under Sections 354, 323, 324, 504, 506, 308 I.P.C., Police Station Dilari, District Moradabad, pending before the Additional Chief Judicial Magistrate, Court No. 1, Moradabad. Reliance placed on Krishnappa & Ors. v. State of Karnataka (2021 0 Supreme(SC) 529), Parbatbhai Aahir v. State of Gujarat (2017 9 SCC 641), B.S. Joshi v. State of Haryana (2003(4) SCC 675), Nikhil Merchant v. Central Bureau of Investigation ((2008) 9 Supreme Court Cases 677), Gian Singh v. State of Punjab ((2012) 10 SCC 303) and Narinder Singh v. State of Punjab ((2014) Supreme Today 642). Application allowed.

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Neutral Citation No. - 2025:AHC:111892

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 19545 of 2024

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Applicant :- Kadir And 3 Others Opposite Party :- State Of U.P. & 3 Others Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A.

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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 A.G.A. for the State and perused the record.

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The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 18.10.2023; cognizance/summoning order dated 19.01.2024 as well as entire proceedings of Case No. 1729 of 2024, (State Vs. Kadir & Others) arising out of Crime No.202 of 2023, under Sections 354, 323, 324, 504, 506, 308 I.P.C., Police Station Dilari, District Moradabad, pending in the Court of Ld. Additional Chief Judicial Magistrate, Court No. 1, Moradabad, on the ground of compromise made between the parties dated 27.03.2024.

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As per F.I.R. allegation, applicants committed marpeet with the opposite parties and they sustained injury. Counsel for the applicants submits that the injuries are simple in nature. It is next submitted that the applicants filed 482 Application No.13309 of 2024 before this Court to quash the proceedings as both the parties have amicably settled the dispute out of the court. This Court vide order dated 13.05.2024 directed the parties to appear before the court below for verification of compromise.

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Pursuant to the said order dated 13.05.2024, the parties appeared before the court below and in their presence, after due verification of the parties and contents of the compromise made between them, the court vide order dated 22.05.2024 has passed the verification order. A copy of the same is annexed as Annexure-7 with the application.

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Learned counsel for the applicants has submitted that the applicant and opposite party nos. 2 to 4 have settled their private

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and civil dispute through compromise and as such opposite party nos. 2 to 4 does not wish to press the aforesaid case against the applicant. Opposite party nos. 2 to 4 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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In view of the facts and circumstances of the case, the applicants and opposite party nos. 2 to 4 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.

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Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642 , the proceedings of Case No. 1729 of 2024, (State Vs. Kadir & Others) arising out of Crime No.202 of 2023, under Sections 354, 323, 324, 504, 506, 308 I.P.C., Police Station Dilari, District Moradabad, is hereby quashed.

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The application under Section 482 CrPC is accordingly allowed .

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Order Date :- 14.7.2025 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Kadir and 3 Others v. State of U.P. & 3 Others

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Kadir and 3 Others v. State of U.P. & 3 Others

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