Rizwan and 3 Others Vs State of U.P. and 2 Others

Neutral Citation No. - 2025:AHC:52491

Court No. - 84

Case :- APPLICATION U/S 482 No. - 28397 of 2024

Applicant :- Rizwan And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Irfan Ahmad Malik Counsel for Opposite Party :- Pawan Kumar,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 cognizance order dated 24/02/2022 and charge sheet dated 21/02/2022 as well as the entire prosecution of the applicants in Session Trial No. 1414 of 2023 (arising out of crime no. 578 of 2021), State versus Rizwan and others, under sections 307/34 I.P.C. pending in the court of Additional Session Judge/Additional Special Judge (POCSO), Court No. 3, Prayagraj.

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Learned counsel for the applicants submitted that applicants and opposite party nos.2 and 3 have amicably settled their dispute out of the Court. Applicant 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 11.09.2024 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 08.10.2024 verified the parties as well as compromise application. He further submitted that applicants and opposite party nos.2 and 3 compromised the matter and opposite party nos.2 and 3 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party nos.2 and 3 have settled through compromise their private and civil dispute and as such opposite party nos.2 and 3 does not wish to press the aforesaid case against the applicants. Opposite party nos.2 and 3 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 nos.2 and 3 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 nos.2 and 3 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 cognizance order dated 24/02/2022 and charge sheet dated 21/02/2022 as well as the entire prosecution of the applicants in Session Trial No. 1414 of 2023 (arising out of crime no. 578 of 2021), under sections 307/34 I.P.C. pending in the court of Additional Session Judge/Additional Special Judge (POCSO), Court No. 3, Prayagraj, is hereby quashed.

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

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Order Date :- 10.4.2025 Nitin Verma

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

Rizwan and 3 Others v. State of U.P. and 2 Others

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