Nit Prakash Dixit and Another Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:111665

Court No. - 72

Case :- APPLICATION U/S 482 No. - 22547 of 2024

Applicant :- Nit Prakash Dixit And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Sajiwan Prajapati Counsel for Opposite Party :- Munendra Nath Chaubey,G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants; Ms. Rani Kumari, Advocate holding brief for Sri Munendra Nath Chaubey, 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 proceeding of Case No. 82 of 2023 (State Versus Nit Prakash and Another) in Case Crime No. 402 of 2022, Under Sections 323, 324, 504, I.P.C. Police Station-Narkhi, District-Firozabad on the basis of compromise dated 09.05.2024, pending in the Court of Additional Chief Judicial Magistrate, Firozabad.

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As per F.I.R. version, due to land dispute, applicants committed marpeet with informant as a result, informant sustained injury. Learned counsel for the applicants 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 19.03.2025 has passed the verification report. Thereafter, the court below has sent a copy of the same to this Court. A copy of the same are 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 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

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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. 82 of 2023 (State Versus Nit Prakash and Another) in Case Crime No. 402 of 2022, Under Sections 323, 324, 504, I.P.C. Police Station-Narkhi, District-Firozabad, 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

Nit Prakash Dixit and Another v. State of U.P. and Another

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