Bhudev and 3 Others Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:62703

Court No. - 84

Case :- APPLICATION U/S 482 No. - 29296 of 2024 Applicant :- Bhudev And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Tripathi Counsel for Opposite Party :- Girish Kumar,G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants, Sri Girish Kumar, 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 dated 10.04.2022, summoning order dated 24.05.2024 as well as to quash the entire proceedings in Case No.9173 of 2024 arising out of Case Crime No.75 of 2022 (State vs. Jai Bhudev & others), under sections 308, 323, 324, 325, 452, 504, 506 I.P.C.(against applicant no.1), under sections 308, 323, 324, 452, 504, 506 I.P.C. (against applicant no.2), under sections 323, 325, 504, 506 I.p.C. (against applicant no.3) & under section 504 I.P.C. (against applicant no.4), Police Station Achhnera District Agra, pending in the court of Additional Chief Judicial Magistrate, Court No.10, Agra.

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Learned counsel for the applicants submitted that applicants are innocent and have been falsely implicated in the present case. Learned counsel for the applicants states that both the parties are family members and on account of some dispute present incident occurred and both the parties have received injuries and they settled their dispute and entered into compromise. Since parties have compromised the matter, therefore, they filed present Application u/s 482 Cr.P.C. for quashing the entire proceeding pending against them in terms of compromise. Though injured has received injuries but they are not grievous in nature. All persons involved are family members and compromise the matter in presence of responsible and senior members of the society. This Court by order dated 01.10.2024 directed the parties to appear before court concerned within three weeks for compromise verification. In pursuance of order of this Court parties appear before trial court and on 23.10.2024 trial court verified the parties through their counsels and a compromised entered between them. Verification report dated 23.10.2024 is filed today through supplementary affidavit by the learned counsel for the applicants. Since parties have amicably settled their dispute in terms of compromise, there is no need to keep the proceeding pending.

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Opposite party no.2 does not want to pursue the case further and proceeding be quashed in terms of compromise.

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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 criminal proceeding in Case No.9173 of 2024 arising out of Case Crime No.75 of 2022 (State vs. Jai Bhudev & others), under sections 308, 323, 324, 325, 452, 504, 506 I.P.C.(against applicant no.1), under sections 308, 323, 324, 452, 504, 506 I.P.C. (against applicant no.2), under sections 323, 325, 504, 506 I.p.C. (against applicant no.3) & under section 504 I.P.C. (against applicant no.4), Police Station Achhnera District Agra, pending in the court of Additional Chief Judicial Magistrate, Court No.10, Agra, is hereby quashed.

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

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Order Date :- 24.4.2025 SKD

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

Bhudev and 3 Others v. State of U.P. and Another

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