Praveen @ Pammi and 9 Others Vs State of U.P. and 2 Others

Neutral Citation No. - 2025:AHC:88938

Court No. - 84

Case :- APPLICATION U/S 482 No. - 23243 of 2024

Applicant :- Praveen @ Pammi And 9 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Bindeshwari Prasad Mishra Counsel for Opposite Party :- Chandra Prakash Tripathi,G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants, 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 Charge-sheet No.127 of 2001 dated 25.08.2001, cognizance/ summoning order dated 12.07.2002, as well as entire proceeding of Case No.314 of 2002 arising out of Case Crime No.319 of 2000 (State vs. Praveen & others), under sections 363, 366, 368 I.P.C., Police Station Sasni, District Hathras, pending before the court of Additional Chief Judicial Magistrate, Hathras.

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Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. Learned counsel for the applicants submits that husband of opposite party no.3 lodged present FIR against named accused persons. Learned counsel for the applicants submits that the applicant no.1 and daughter of opposite party no.3 solemnized marriage and from wedlock three children born. Daughter of opposite party no.3 living happily with the applicant no.1 and they compromised the matter and do not want to proceed against the applicants. They filed Application u/s 482 Cr.P.C. No.4497 of 2024 and this Court by order dated 15.04.2024 directed the parties to appear before the trial court alongwith an application for verification of compromise deed. Thereafter, trial court in pursuance of the order of this Court has verified the parties through their counsels on 8.05.2024 and compromise deed was also verified. He next submitted that since parties have compromised the matter, therefore, the proceeding pending against the applicants be quashed and opposite party nos.2 & 3 do not want to pursue the case further.

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Learned counsel appearing for the opposite party nos.2 & 3 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents

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relied upon by him. He submits that opposite party nos.2 & 3 have 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 proceeding of Case No.314 of 2002 arising out of Case Crime No.319 of 2000 (State vs. Praveen & others), under sections 363, 366, 368 I.P.C., Police Station Sasni, District Hathras, pending before the court of Additional Chief Judicial Magistrate, Hathras, is hereby quashed.

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

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Order Date :- 26.5.2025 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Praveen @ Pammi and 9 Others v. State of U.P. and 2 Others

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