Prabhu Patel Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:111530

Court No. - 72

Case :- APPLICATION U/S 482 No. - 22384 of 2024

Applicant :- Prabhu Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- Basu Dev,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 applicant; learned counsel for the 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 dated 26.03.2023 as well as entire proceedings of Case No. 6667 of 2024, arises out of case crime No. 146 of 2022 (State Vs. Prabhu Patel), under Sections 384, 452 I.P.C., Police Station Sigra, District Varanasi, pending in the Court of Chief Judicial Magistrate, Varanasi.

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As per F.I.R. version, applicant along with other unknown persons entered into the office of informant and forcibly taken his seal and signature on an affidavit. Learned counsel for the applicant submits that the applicants filed 482 petition to quash the proceedings as both the parties have amicably settled the dispute out of the court. The Co-ordinate Bench of this Court vide order dated 05.02.2025 directed the parties to appear before the court below for verification of compromise.

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Pursuant to the said order dated 05.02.2025, the parties appeared before the court below and in their presence, after due verification of the contents of the compromise made between the parties, the court vide order dated 23.05.2025 has passed the verification report. Thereafter, the court below has sent a copy of the same to this Court vide order dated 27.05.2025. A copy of the same is annexed with the 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

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civil dispute through compromise and as such opposite party no.2 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. 6667 of 2024, arises out of case crime No. 146 of 2022 (State Vs. Prabhu Patel), under Sections 384, 452 I.P.C., Police Station Sigra, District Varanasi, is hereby quashed.

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The application under Section 482 CrPC is accordingly allowed .

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Order Date :- 11.7.2025 Meenu Singh

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

Prabhu Patel v. State of U.P. and Another

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