Rafiq Ahmad and 62 Others vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

Rafiq Ahmad and 62 Others vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 482 Cr.P.C. allowed; entire proceeding of Criminal Case No. 1431 of 2018 arising out of Case Crime No. 250 of 2016 and the cognizance order dated 29.10.2018 quashed.

Issue for consideration

Whether the entire proceeding of Criminal Case No. 1431 of 2018 (arising out of Case Crime No. 250 of 2016 under Sections 147, 148, 149, 323, 506 IPC), the charge sheets dated 21.12.2016 and 24.3.2017, and the cognizance order dated 29.10.2018 should be quashed on the basis of the compromise dated 17.5.2024 between the applicants and opposite party no.2, notwithstanding the offences being cognizable/non-compoundable.

Court's answer

Given the amicable settlement between the parties, its verification by the trial court, and the parties' unwillingness to proceed, no useful purpose would be served by prolonging the proceedings of Criminal Case No. 1431 of 2018.

Ratio / Principle

The entire proceeding of Criminal Case No. 1431 of 2018, arising out of Case Crime No. 250 of 2016 under Sections 147, 148, 149 323, 506 IPC, Police Station Nawabganj, District Bareilly, as well as the cognizance order dated 29.10.2018, stands quashed.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Deepak Verma, J.; Order dated 8.5.2025; Neutral Citation 2025:AHC:75379) allowed APPLICATION U/S 482 No. 33388 of 2024 filed by Rafiq Ahmad and 62 others and quashed the entire proceeding of Criminal Case No. 1431 of 2018 (State Vs. Navi Ahmad and others), arising out of Case Crime No. 250 of 2016, under Sections 147, 148, 149, 323 and 506 IPC, Police Station Nawabganj, District Bareilly, together with the cognizance order dated 29.10.2018. Grounds: the applicant and opposite party no.2 had amicably settled their dispute by compromise deed dated 17.5.2024, verified by the trial court through a verification report/order dated 9.8.2024 following this Court's directive of 13.3.2024; the informant's counter affidavit and the AGA confirmed the settlement, and the Court held that no useful purpose would be served by prolonging the proceedings. In support, the Court relied on the Apex Court decisions in Narindra Singh (2014) 6 SCC 466, Parbatbhai Aahir (2017) 9 SCC 641, Gian Singh (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, and referred to Shaifullah [2013 (83) ACC 278], for the position attributed therein that compromise can be made between the parties even in respect of certain cognizable and non-compoundable offences.

Neutral Citation No. - 2025:AHC:75379

Court No. - 84

Case :- APPLICATION U/S 482 No. - 33388 of 2024

Applicant :- Rafiq Ahmad And 62 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Juned Alam Counsel for Opposite Party :- Mohd Hamid,G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicants, learned counsel for the informant, and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Criminal Case No. 1431 of 2018 (State Vs. Navi Ahmad and others), arising out of Case Crime No. 250 of 2016, under Sections 147, 148, 149 323, 506 IPC, Police Station Nawabganj, District Bareilly as well as Charge Sheet dated 21.12.2016 and 24.3.2017 bearing Charge sheet Nos. 442 of 2016 and 442A of 2016 and cognizance order dated 29.10.2018 on the basis of compromise dated 17.5.2024.

Learned counsel for the applicants submits that the applicant and opposite party no.2 have amicably settled the dispute out of the court and entered into compromise. Thereafter he filed application under Section 482 Cr.P.C. No. 1146 of 2024. This Court vide order dated 13.3.2024 directed the parties to appear before the trial court for verification. In pursuance of this Court's order both the parties appeared before the trial court and trial court verified the parties and the contents of the compromise deed through their counsel and passed an order/verification report on 9.8.2024. The verification report/order is annexed as Annexure-6 to this affidavit. He next submitted that it is a no injury case. Counsel for the applicants further submits that since parties have amicably settled their disputes and entered into compromise, they have been verified by the trial court and they do not want to proceed the case, there is no need to keep the proceeding pending.

Counsel for the informant has filed counter affidavit and in paragraph 3 he has stated that applicants and opposite party no.2 have settled their dispute by means of compromise deed on 17.5.2024. Since there remains no dispute between them, no fruitful purpose would be served to keep the proceedings pending here.

Learned AGA submitted that both the parties have settled their dispute out of the Court, hence, no reason to proceed further.

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.

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.

Accordingly, the impugned entire proceeding of Criminal Case No. 1431 of 2018, arising out of Case Crime No. 250 of 2016, under Sections 147, 148, 149 323, 506 IPC, Police Station Nawabganj, District Bareilly as well as cognizance order dated 29.10.2018 is hereby quashed.

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

Order Date :- 8.5.2025 Kumar Manish

Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad