Liyakat and 5 Others Vs State of Up and Another

Neutral Citation No. - 2025:AHC:72299

Court No. - 84

Case :- APPLICATION U/S 482 No. - 25882 of 2024

Applicant :- Liyakat And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Kol 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, 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 entire criminal proceeding of the Case No. 15362 of 2021 (State Vs. Liyakat and others) arising out of Case Crime No. 185 of 2015 under sections 147, 148, 323, 324, 504, 506 I.P.C. Police StationJani, District-Meerut, pending in the court of Additional Chief Judicial Magistrate, 4th, Meerut on the basis of compromise.

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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 had earlier approached this Hon'ble Court by filing this 482 application with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 27.06.2024 sent the matter to trial court for verification of the parties and compromise application. Both the parties have lodged FIR against each other, applicants' side case was registered as Case Crime No.188 of 2015, U/s 147, 148, 323, 308, 452, 504, 506, 354 I.P.C. and parties have settled their dispute and after verification of parties, this Court vide order dated 07.08.2024, quashed the proceedings of Case No.16830 of 2021, arising out of Case Crime No.188 of 2015, U/s 147, 148, 323, 504, 506 I.P.C., P.S. Jani, District Meerut. He further submitted that the present 482 application has been filed for quashing of the cross case and in earlier 482 application filed by applicants, this Court has directed the applicants to appear before trial court for verification and trial court verified the parties as well as compromise application vide order dated 08.07.2024, the compromise deed is annexed as Annexure 4 to the affidavit. . 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

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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 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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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 entire criminal proceeding of Case No. 15362 of 2021, arising out of Case Crime No. 185 of 2015 under sections 147, 148, 323, 324, 504, 506 I.P.C. Police StationJani, District-Meerut, pending in the court of Additional Chief Judicial Magistrate-4^th , Meerut, is hereby quashed .

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

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Order Date :- 6.5.2025 Nitin Verma

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

Liyakat and 5 Others v. State of Up and Another

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