Abhay Sadh and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Abhay Sadh and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire proceedings of Case No. 22637 of 2020 (State vs Abhay Sadh and others), arising out of Case Crime No. 262 of 2020, under Sections 323, 504, 506, 427, 325, 308 IPC, Police Station Link Road, District Ghaziabad, pending before Additional Chief Judicial Magistrate, Court No. 8, Ghaziabad, together with the impugned Charge-Sheet No. 01/2020 dated 25.09.2020 and cognizance order dated 03.09.2020.

Issue for consideration

Whether the charge-sheet, cognizance order and entire proceedings of Case No. 22637 of 2020 (State vs Abhay Sadh and others), arising out of Case Crime No. 262 of 2020 under Sections 323, 504, 506, 427, 325, 308 IPC, Police Station Link Road, District Ghaziabad, pending before Additional Chief Judicial Magistrate, Court No. 8, Ghaziabad, should be quashed in view of the compromise reached between the applicants and opposite party no. 2.

Court's answer

In view of the compromise between the parties and the circumstances noted, no useful purpose would be served by prolonging the proceedings of the case.

Ratio / Principle

The entire proceedings of Case No. 22637 of 2020 (State vs Abhay Sadh and others), arising out of Case Crime No. 262 of 2020, under Sections 323, 504, 506, 427, 325, 308 IPC, Police Station Link Road, District Ghaziabad, pending in the Court of Additional Chief Judicial Magistrate, Court No. 8, Ghaziabad, are hereby quashed.

Key takeaways

The application under Section 482 Cr.P.C. is allowed.ratio¶15

Detailed headnote1 paragraphs

Criminal Law - Quashing of proceedings on compromise (S. 482 Cr.P.C.). Allahabad High Court (Deepak Verma, J.; Neutral Citation 2025:AHC:85387; order dated 21.5.2025) allowed the applicants' Section 482 application and quashed the entire proceedings of Case No. 22637 of 2020 (State vs Abhay Sadh and others), arising out of Case Crime No. 262 of 2020, under Sections 323, 504, 506, 427, 325, 308 IPC, Police Station Link Road, District Ghaziabad, pending before the Additional Chief Judicial Magistrate, Court No. 8, Ghaziabad, along with Charge-Sheet No. 01/2020 dated 25.09.2020 and the cognizance order dated 03.09.2020. The applicants and opposite party no. 2 had amicably settled their private dispute; following the High Court's direction of 03.01.2025, the trial court verified the parties and compromise application on 06.03.2025, and opposite party no. 2 consented to withdrawal of prosecution. Relying on Narindra Singh v. State of Punjab (2014) 6 SCC 466, Parbatbhai Aahir v. State of Gujarat (2017) 9 SCC 641, Gian Singh v. State of Punjab (2012) 10 SCC 303 and State of M.P. v. Laxmi Narayanan (2019) 5 SCC 688 (Apex Court authority that compromise is possible even in certain cognizable and non-compoundable offences), and Shaifullah v. State of U.P. [2013 (83) ACC 278] of this Court, the Court held no useful purpose would be served by prolonging the proceedings.

Neutral Citation No. - 2025:AHC:85387

Court No. - 84

Case :- APPLICATION U/S 482 No. - 21609 of 2024

Applicant :- Abhay Sadh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Pandey Counsel for Opposite Party :- Ashish Kumar Singh,G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicants, learned counsel for the informant/opposite party no. 2, and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed to quash the impugned Charge-Sheet No. 01/2020 dated 25.09.2020 & Cognizance order dated 03.09.2020 and all consequent proceedings of Case No. 22637 of 2020, arising out of Case Crime No. 0262 of 2020 (State Vs Abhay Sadh & Others), Under Section 323, 504, 506, 427, 325 & 308 of I.P.C, Police Station Link Road District - Ghaziabad, pending in the court of A.C.J.M-8, Ghaziabad.

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 03.01.2025 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 06.03.2025 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.

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 entire proceedings of Case No. 22637 of 2020 (State Vs. Abhay Sadh and others), arising out of Case Crime No. 262 of 2020, under Sections 323, 504, 506, 427, 325, 308 of I.P.C., Police Station- Link Road, District Ghaziabad, pending in the Court of Additional Chief Judicial Magistrate, Court No. 8, Ghaziabad, is hereby quashed.

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

Order Date :- 21.5.2025 Aditya

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