Rekha Sival and Another Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:84378

Court No. - 84

Case :- APPLICATION U/S 482 No. - 32154 of 2024

Applicant :- Rekha Sival And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Bhan,Vidya Shanker Pandey Counsel for Opposite Party :- Mohd. Javed Akhtar,G.A.

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Hon'ble Deepak Verma,J.

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Supplementary affidavit filed today on behalf of the applicants, is taken on record.

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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 proceeding of Case No.26318 of 2022 arising out of Case Crime No.474 of 2020 (State vs. Rekha Sival and others), under sections 452, 504, 506 & 384 I.P.C., Police Station Paratapur, District Meerut, pending before Additional Chief Judicial Magistrate 6th, Meerut.

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Learned counsel for the applicants submits that parties have amicably settled their dispute out of Court and entered into a compromise and has filed present 482 Cr.P.C. application to quash the proceedings pending against the applicants in terms of compromise. This Court by order dated 13.12.2024 directed the parties to appear before the trial court and trial court is directed to verify the parties as well as compromise deed dated 30.05.2024. Parties appeared before the trial court and parties were verified through their counsels and compromise deed was also verified, therefore, verification report dated 27.01.2025 is also available on record. He next submitted that since parties have compromised the matter, therefore, the proceeding pending against the applicants be quashed and opposite party no.2 (informant) does not want to pursue the case further.

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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

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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 proceeding of Case No.26318 of 2022 arising out of Case Crime No.474 of 2020 (State vs. Rekha Sival and others), under sections 452, 504, 506 & 384 I.P.C., Police Station Paratapur, District Meerut, pending before Additional Chief Judicial Magistrate 6th, 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 :- 20.5.2025 SKD

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

Rekha Sival and Another v. State of U.P. and Another

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