Allowed

Shamsher and 2 Others v. State of Up and Another

Allahabad HC15 Jul 2025A482/24521/2024

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. application to quash proceedings for offences under Sections 308, 323, 504, 506 IPC where parties had compromised their private dispute and the trial court verified the compromise; the High Court quashed the entire pending criminal proceedings.

What did the court decide?

Entire proceedings of Case No.3310 of 2024 (State Vs. Shamsher and others) arising out of Crime No.157 of 2023 quashed.

Shamsher and 2 Others vs State of Up and Another — Quashing and FIR | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC:113180

¶2

Court No. - 72

¶3

Case :- APPLICATION U/S 482 No. - 24521 of 2024

¶4

Applicant :- Shamsher And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avdhesh Kumar Counsel for Opposite Party :- G.A.

¶5

Hon'ble Deepak Verma,J.

¶6

Heard learned counsel for the applicants, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the record.

¶7

The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No.3310 of 2024, (State Vs. Shamsher and others) arising out of Crime No.157 of 2023, under Sections 308, 323, 504, 504, 506 I.P.C., Police Station Kundasrki, District Moradabad, pending in the Court of Additional Chief Judicial Magistrate, Court no.4, Moradabad.

¶8

Learned counsel for the applicants submits that the injured has received simple injury but he has compromised the matter and does not want to proceed against the applicants. It is next submitted that the applicants filed 482 Application No.8536 of 2024 before this Court to quash the proceedings as both the parties have amicably settled the dispute out of the court and this Court vide order dated 15.05.2024 has passed the following orders:-

¶9

"1. Supplementary affidavit filed is taken on record.

¶10

2. Heard learned counsel for the applicants, Sri Shubham Kesarwani, counsel for the opposite no.2 and learned A.G.A. for the State-opposite party no.1.

¶11

3. The present application U/s 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 27.10.2023 as well as cognizance order dated 05.02.2024 and the entire proceedings of case No.3310 of 2024 (State vs. Shamsher & others), arising out of Case Crime No.157 of 2023, under Sections 308, 323, 504, 506 IPC, Police Station Kundarki, District-Moradabad, pending before Additional Chief Judicial Magistrate, Court No.4 Moradabad, pursuant to compromise deed dated 22.02.2024.

¶12

4. Counsel for the applicants submits that the dispute between the

¶13

parties were purely civil and private in nature. In the alleged incident one person namely, Mohammad Saleem received injuries. The injuries were found simple in nature. Further, during the pendency of the proceedings, the parties have reconciled their differences and a compromise has been entered between them, copy of the compromise deed dated 22.02.2024 has been annexed as Annexure-5 to the affidavit, wherein it has been mentioned that opposite party no.2 does not want to press the case. Therefore, no useful purpose would be served in continuing the proceedings before the Court concerned and the same is not only sheer wastage of time of the Court but also abuse of process of law.

¶14

5. Learned counsel for the opposite party no. 2 does not dispute the submissions advanced by the learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that he has no objection if the proceedings are quashed.

¶15

6. Learned AGA, however, submits that it is the trial court, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the trial court and move an application with respect to compromise between the parties, which will be decided in accordance with law.

¶16

7. In view of above, the parties including the injured are directed to appear before the trial court along with compromise deed as well certified copy of this order within three weeks from today. It is expected that trial Court may fix a date for the verification of the compromise and after ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the trial Court shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not.

¶17

8. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.

¶18

9. Till verification of compromise between the parties by the trial court, no coercive action shall be taken against the applicants in the aforesaid case.

¶19

10. With the aforesaid directions, this application is finally disposed of."

¶20

Pursuant to the said order dated 15.05.2024, the parties appeared before the court below and in their presence, after due verification of the parties through their counsels and contents of the compromise made between them, the court vide order dated 07.06.2024 has passed the verification order. A copy of the same is annexed as Annexure-5 with the application.

¶21

Learned counsel for the applicants has submitted that the applicants 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 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.

¶22

In view of the facts and circumstances of the case, the applicant 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.

¶23

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.3310 of 2024, (State Vs. Shamsher and others) arising out of Crime No.157 of 2023, under Sections 308, 323, 504, 504, 506 I.P.C., Police Station Kundasrki, District Moradabad, pending in the Court of Additional Chief Judicial Magistrate, Court no.4, Moradabad is hereby quashed.

¶24

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

¶25

Order Date :- 15.7.2025 SKD

¶26

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

Shamsher and 2 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Shamsher and 2 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Amit Chaudhary and 3 Others vs State of U.P. and Another

Satendra Pratap vs State of U.P. and Another

Ram Naresh @ Nabi vs State of U.P. and Another

Gausul Bara vs State of Up and Another

Javed Ali and 2 Others vs State of U.P. and Another

Anwar Malik and 2 Others vs State of Up and Another