Naushe Ali and Another Vs State of Up and Another

Neutral Citation No. - 2025:AHC:103204

Court No. - 72

Case :- APPLICATION U/S 482 No. - 23304 of 2024

Applicant :- Naushe Ali And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants 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 30.06.2019 (bearing No. 81/2019) Cognizance/Summoning Order dated 12.8.2019 as well as entire proceedings of Criminal Case No. 932/2019 (State Vs. Naushey Ali and others) U/s 420, 323, 506 IPC, Police Station Milak Khanam, District Rampur, vide Case Crime No. 92/2019, pending in the court of III^rd Additional Civil Judge (Jr.Div.), Rampur on the basis of compromise entered in between the parties, which has already been verified by the learned court below on 03.06.2024.

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Learned counsel for the applicants submitted that applicants 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, bearing No.7826 of 2024, with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 15.05.2024 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 03.06.2024 verified the parties as well as compromise application. He further submitted that applicants 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 against the applicants. 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 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 cognizance/summoning order dated 12.8.2019 as well as entire proceedings of Criminal Case No. 932/2019 (State Vs. Naushey Ali and others) U/s 420, 323, 506 IPC, Police Station Milak Khanam, District Rampur, vide Case Crime No. 92/2019, pending in the court of III^rd Additional Civil Judge (Jr.Div.), Rampur, is hereby quashed .

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

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Order Date :- 3.7.2025 Nitin Verma

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Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad

Naushe Ali and Another v. State of Up and Another

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