Sakib and Another Vs State of Up and Another

Neutral Citation No. - 2025:AHC:66685

Court No. - 84

Case :- APPLICATION U/S 482 No. - 21630 of 2024

Applicant :- Sakib And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- Maan Singh,G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants; learned counsel for 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 27.08.2023 & Cognizance order dated 07.10.2023 as well as entire proceedings of Case No.10571 of 2023 arising out of Case Crime No. 0564 of 2023 (State Vs Sakib), Under Section 386 of I.P.C, Police Station Hapur Nagar, District Hapur, pending in the court of Chief Judicial Magistrate, Hapur.

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As per F.I.R. allegation, the informant was engaged in dish cable service and he engaged the applicant no. 2 at his office and one and a half months after taking payment/salary from informant, applicant no. 2 left the job. Thereafter, the applicant no. 2 and her brother (applicant no. 1) kept demanding the money from informant and threatened that if he do not give it, they would defame him. The informant fulfilled the demand of applicants through google pay and other sources. Now both the parties have settled the dispute and entered into compromise. The applicants challenged this 482 application for quashing of proceeding and the The Co-ordinate Bench of this Court vide order dated 17.10.2024 directed the parties to appear before the court below and file the compromise deed.

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Pursuant to the said order dated 17.10.2024, 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 26.11.2024 has passed the verification report. A copy of the same is annexed with the bail application.

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Learned counsel for the applicants has submitted that the applicant and opposite party no.2 have settled their private and civil dispute through compromise and as such opposite party no.2

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does not wish to press the aforesaid case against the applicant. 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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In view of the facts and circumstances of the case, the applicants and opposite party no. 2 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.10571 of 2023 arising out of Case Crime No. 0564 of 2023 (State Vs Sakib), Under Section 386 of I.P.C, Police Station Hapur Nagar, District Hapur, is hereby quashed.

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The application under Section 482 CrPC is accordingly allowed .

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Order Date :- 29.4.2025 Meenu Singh

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

Sakib and Another v. State of Up and Another

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