Gaurav Kumar Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Gaurav Kumar Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the order dated 27.8.2024 passed by the Additional Sessions Judge, Court No.1, Bijnor in Criminal Appeal No. 96 of 2022 and of the proceedings of that appeal arising out of Criminal Case No. 3165 of 2008 and case crime No. 619 of 2008 under sections 279, 337, 338, 304A, 427 IPC, Police Station Dhampur, District Bijnor.

Issue for consideration

Whether the proceedings of Criminal Appeal No. 96 of 2022, arising out of Criminal Case No. 3165 of 2008 and case crime No. 619 of 2008 under sections 279, 337, 338, 304A, 427 IPC (Police Station Dhampur, District Bijnor), ought to be quashed under Section 482 Cr.P.C. in view of the amicable settlement between the applicant and opposite party no. 2. +1 more

Court's answer

The proceedings of Criminal Appeal No. 96 of 2022, arising out of Criminal Case No. 3165 of 2008 and case crime No. 619 of 2008 under sections 279, 337, 338, 304A, 427 IPC, Police Station Dhampur, District Bijnor, are quashed in view of the mutually settled dispute, following the well-settled principles laid down by the Hon'ble Apex Court in the cited precedents.

Ratio / Principle

Since the matter has been mutually settled between the parties and they do not want to pursue the case any further, no useful purpose would be served in proceeding with the matter further.

Key takeaways

The application under Section 482 CrPC is allowed.ratio¶15

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Deepak Verma, J.) allowed an application under Section 482 Cr.P.C. and quashed the order dated 27.8.2024 passed by the Additional Sessions Judge, Court No.1, Bijnor in Criminal Appeal No. 96 of 2022, together with the proceedings of that appeal arising out of Criminal Case No. 3165 of 2008 and case crime No. 619 of 2008 under sections 279, 337, 338, 304A, 427 IPC, Police Station Dhampur, District Bijnor. The FIR related to rash and negligent driving causing death to one person and injury to another. The applicant and opposite party no. 2 had amicably settled the dispute out of court; pursuant to a Coordinate Bench order dated 05.11.2024, the compromise was verified by the court below, which passed a verification report on 04.12.2024, and opposite party no. 2 had no objection to quashing. Holding that no useful purpose would be served in proceeding further with the matter, the Court relied on the Supreme Court decisions in Krishnappa, Parbatbhai Aahir, B.S. Joshi, Nikhil Merchant, Gian Singh and Narinder Singh, quashed the proceedings and allowed the application.

Neutral Citation No. - 2025:AHC:122912

Court No. - 72

Case :- APPLICATION U/S 482 No. - 31735 of 2024

Applicant :- Gaurav Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant; Sri Abhishek Dube, learned counsel for opposite party no. 2 and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed to quash the impugned order dated 27.8.2024 passed by Additional Sessions Judge, Court No.1, Bijnor in Criminal Appeal No. 96 of 2022, (Gaurav Kumar Vs. State of U.P.) arising out of Criminal Case No.3165 of 2008 and case crime No. 619 of 2008; under sections 279, 337, 338, 304A, 427 I.P.C. Police Station Dhampur District Bijnor.

Counsel for the applicant submits that the F.I.R. was registered with regard to rash and negligent driving, as a result thereof, causing death to one person and another person got injured. Counsel for the applicant submits that applicant filed 482 Application before this Court to quash the proceedings as both the parties have amicably settled the dispute out of the court. The Coordinate Bench of this Court vide order dated 05.11.2024 directed the parties to appear before the court below for verification of compromise.

Pursuant to the said order, the parties appeared before the court below and in their presence, after due verification of the contents of the compromise made between the parties, the court vide order dated 04.12.2024 has passed the verification report. A copy of the same is annexed with the supplementary affidavit.

Learned counsel for the applicants 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 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.

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.

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

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 Criminal Appeal No. 96 of 2022, (Gaurav Kumar Vs. State of U.P.) arising out of Criminal Case No.3165 of 2008 and case crime No. 619 of 2008; under sections 279, 337, 338, 304A, 427 I.P.C. Police Station Dhampur District Bijnor, is hereby quashed.

The application under Section 482 CrPC is accordingly allowed .

Order Date :- 25.7.2025 Meenu Singh

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