Anuj Mishra Vs State of Up and Another

Neutral Citation No. - 2025:AHC:72160

Court No. - 84

Case :- APPLICATION U/S 482 No. - 21621 of 2024

Applicant :- Anuj Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Kumar Ravat Counsel for Opposite Party :- Amit Kumar Singh,G.A.

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Hon'ble Deepak Verma,J.

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Supplementary affidavit filed today by learned counsel for the applicant, is taken on record.

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Heard learned counsel for the applicant, learned counsel for the informant, 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 entire criminal proceeding of the Case No. 312 of 2021 (State Vs. Anuj Mishra), arising out of case crime No. 814 of 2020, U/S 354 (A), 354 (d) I.P.C.. Police Station- Kotwali Orai, District- Jalaun., as well as Charge sheet dated 13.11.2020 filed in case crime No.814 of 2020, U/S 354 (A), 354 (d) I.P.C., Police StationKotwali Orai, District-Jalaun., which is pending in the court of Civil Judge (J.D.)/F.T.C.C.A.W.) Jalaun at Orai, which is pending in the court of Judicial Magistrate Jalaun on the basis of the compromise dated 01.09.2023.

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It is alleged in the first information report that applicant molested the informant on mobile and on the way by making comments. Learned counsel for the applicant submitted that applicant 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 17.10.2024 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 30.10.2024 verified the parties as well as compromise application. He further submitted that applicant 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

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against the applicant. Opposite party no.2 is ready to withdraw the prosecution of the applicant 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 applicant 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 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.

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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 dated 13.11.2020 as well as the entire proceeding of Case No. 312 of 2021 (State Vs. Anuj Mishra), arising out of Case Crime No. 814 of 2020, under Sections 354-A, 354-D of I.P.C., Police Station- Kotwali Orai, District Jalaun, pending in the Court of Civil Judge (Junior Division)/F.T.C., Jalaun at Orai, are hereby quashed.

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

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Order Date :- 6.5.2025 Aditya

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

Anuj Mishra v. State of Up and Another

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