Govind and 3 Others Vs State of Up and Anothers — Allahabad HC (2025) — LawSathi Research

Govind and 3 Others Vs State of Up and Anothers — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of charge-sheet No.01/2019 dated 12.02.2019, the cognizance order dated 29.05.2019, and the entire proceeding in Case No.1071 of 2019 arising out of Case Crime No.0040 of 2019 (State vs. Rahul & others), under sections 323, 504, 506 I.P.C., Police Station Pilkhuwa, District Hapur, pending before the Chief Judicial Magistrate- Hapur.

Issue for consideration

Whether the charge-sheet No.01/2019, cognizance order dated 29.05.2019 and the entire proceedings in Case No.1071 of 2019 (arising out of Case Crime No.0040 of 2019, sections 323, 504, 506 I.P.C., P.S. Pilkhuwa, District Hapur, pending before CJM Hapur) can be quashed in terms of the compromise reached between the applicants and opposite party no.2. +1 more

Court's answer

Considering the facts and circumstances of the case, the submissions of counsel, and the fact that both parties have settled their dispute, the Court was of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above-mentioned case.

Ratio / Principle

Accordingly, the impugned criminal proceeding in Case No.1071 of 2019 arising out of Case Crime No.0040 of 2019 (State vs. Rahul & others), under sections 323, 504, 506 I.P.C., Police Station Pilkhuwa, District Hapur, pending in the court of Chief Judicial Magistrate- Hapur, is quashed.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 84; Neutral Citation 2025:AHC:56613; Hon'ble Deepak Verma, J.) allowed Application U/S 482 No. 21382 of 2024 (Govind and 3 others v. State of U.P. and another) by order dated 17.4.2025 and quashed charge-sheet No.01/2019 dated 12.02.2019, the cognizance order dated 29.05.2019 and the entire proceedings in Case No.1071 of 2019 (State vs. Rahul & others) arising out of Case Crime No.0040 of 2019 under sections 323, 504, 506 I.P.C., P.S. Pilkhuwa, District Hapur, pending before the Chief Judicial Magistrate- Hapur. Both parties had lodged FIRs against each other; the cross FIR (Case Crime No.41 of 2019) lodged by applicant no.1 had already ended with proceedings against the opposite parties being quashed by order dated 28.07.2023 following settlement. After the applicants and opposite party no.2 settled their dispute, this Court (order dated 16.10.2024) sent the parties to the trial court, which verified the compromise through their counsels. Relying on Narindra Singh (2014) 6 SCC 466, Parbatbhai Aahir (2017) 9 SCC 641, Gian Singh (2012) 10 SCC 303, State of M.P. v. Laxmi Narayanan (2019) 5 SCC 688, and referring to Shaifullah [2013 (83) ACC 278] (compromise permissible even for certain cognizable and non-compoundable offences), the Court held no useful purpose would be served by prolonging the case and quashed it.

Neutral Citation No. - 2025:AHC:56613

Court No. - 84

Case :- APPLICATION U/S 482 No. - 21382 of 2024

Applicant :- Govind And 3 Others Opposite Party :- State Of Up And Anothers Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- Maan Singh,G.A.

Hon'ble Deepak Verma,J.

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

The present 482 Cr.P.C. application has been filed to quash the charge-sheet No.01/2019 dated 12.02.2019, cognizance order dated 29.05.2019 as well as to quash the entire proceeding in Case No.1071 of 2019 arising out of Case Crime No.0040 of 2019 (State vs. Rahul & others), under sections 323, 504, 506 I.P.C., Police Station Pilkhuwa, District Hapur, pending in the court of Chief Judicial Magistrate- Hapur.

Learned counsel for the applicants submitted that applicants are innocent and have been falsely implicated in the present case. Both parties have lodged FIR against each other. Learned counsel for the applicants next submits that applicant no.1 lodged cross FIR against opposite party no.2 in Case Crime No.41 of 2019 in which parties are amicably settled their dispute and on account of settlement, proceeding pending against the opposite parties have been quashed by order dated 28.07.2023. Thereafter, applicants and opposite party no.2 have settled their dispute and filed present Application u/s 482 for quashing the proceeding pending against the applicants on account of compromise entered into the parties. This Court by order dated 16.10.2024 directed the parties to appear before the trial court for verification of compromise. Thereafter parties appeared before the trial court and trial court verified the parties through their counsels. Verification report dated 24.01.2019 is on record. Opposite party no.2 does not want to pursue the case further and proceeding be quashed in terms of compromise.

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.

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

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.

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.

Accordingly, the impugned criminal proceeding in Case No.1071 of 2019 arising out of Case Crime No.0040 of 2019 (State vs. Rahul & others), under sections 323, 504, 506 I.P.C., Police Station Pilkhuwa, District Hapur, pending in the court of Chief Judicial Magistrate- Hapur, is hereby quashed.

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

Order Date :- 17.4.2025 SKD

Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad