Dinesh Chandra Sharma Alias Dinesh Kumar Sharma and 2 Others Vs State of U.P. and Another

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Neutral Citation No. - 2025:AHC:63181

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 31050 of 2024

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Applicant :- Dinesh Chandra Sharma Alias Dinesh Kumar Sharma And 2 Others

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Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kr. Srivastava Counsel for Opposite Party :- Anay Kumar Srivastava,G.A.

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Hon'ble Deepak Verma,J.

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

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The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 30.4.2019; cognizance dated 11.10.2019 as well as entire proceeding of Case No.3480 of 2019 (State Vs. Dinesh Chandra Sharma & others) Case Crime No.282 of 2018, under Sections 427, 504, 506 of I.P.C., P.S. Chaubepur, District Kanpur Nagar pending in the court of learned Addl. Chief Judicial Magistrate, Court No.1, Kanpur Dehat in terms of compromise.

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It is alleged in the F.I.R. that on account of land dispute, named accused persons came at the plot of informant and demolished the boundary wall and gate by JCB machine, when the informant objected, the accused persons hurled abuses and threatened to life. Learned counsel for the applicants submits that applicants challenged the aforesaid proceedings by way of filing instant 482 Application and the Co-ordinate Bench of this Court vide order dated 17.09.2024 after hearing and considering that parties entered into compromise, sent the matter before the trial court for verification of the parties.

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Pursuant to the said order dated 17.09.2024, the parties appeared before the court below and in their presence, after due verification of the parties and contents of the compromise made between them, the court vide order dated 03.10.2024 has passed the verification report. A copy of the same is annexed with the bail application.

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Learned counsel for the applicant has submitted that the applicant and opposite party no.2 have settled their private and civil dispute through compromise and as such opposite party no.2

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does not wish to press the aforesaid case against the applicant. 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 A.G.A. and counsel for the opposite party no. 2 do not dispute the correctness of the submission made by learned counsel for the applicant or the correctness of the documents relied upon by him.

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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.

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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.3480 of 2019 (State Vs. Dinesh Chandra Sharma & others)Case Crime No.282 of 2018, under Sections 427, 504, 506 of I.P.C., P.S. Chaubepur, District Kanpur Nagar, is hereby quashed.

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This application under Section 482 CrPC is accordingly allowed.

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Order Date :- 24.4.2025 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Dinesh Chandra Sharma Alias Dinesh Kumar Sharma and 2 Others v. State of U.P. and Another

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