Mustafa and 3 Others Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

Mustafa and 3 Others Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The Section 482 Cr.P.C. application was allowed; the charge sheet dated 20.05.2023, the cognizance order dated 11.10.2023 and the entire proceedings of Case No. 40245 of 2023 (State vs. Mustafa and others), arising out of Case Crime No. 26 of 2023 (Police Station Sonakpur, District Moradabad), stand quashed.

Issue for consideration

Whether, in view of the compromise arrived at between the parties, the charge sheet dated 20.05.2023, the cognizance order dated 11.10.2023 and the entire proceedings of Case No. 40245 of 2023 (State vs. Mustafa and others), arising out of Case Crime No. 26 of 2023 (Sections 323, 324, 325, 504, 506 IPC; Police Station Sonakpur, Moradabad), should be quashed under Section 482 Cr.P.C. +2 more

Court's answer

Considering the facts and circumstances of the case and the submissions made by learned counsel for the parties, this Court formed the considered opinion that no useful purpose would be served by prolonging the proceedings of the above-mentioned case.

Ratio / Principle

Accordingly, the impugned charge sheet dated 20.05.2023, the cognizance order dated 11.10.2023 and the entire proceedings of Case No. 40245 of 2023 (State vs. Mustafa and others), arising out of Case Crime No. 26 of 2023 under Sections 323, 324, 325, 504, 506 IPC, Police Station Sonakpur, District Moradabad, pending before the Additional Chief Judicial Magistrate, Court No. 6, Moradabad, are hereby quashed in view of the compromise between the parties.

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.), Application U/S 482 No. 34111 of 2024 (neutral citation 2025:AHC:57338; decided 18.4.2025) - Allowed. On the applicants (Mustafa and 3 others) and opposite party no. 2 (informant) having amicably compromised their dispute out of court, with the parties and the compromise application verified by the trial court on 10.12.2024 pursuant to this Court's direction of 21.11.2024, the Court quashed the charge sheet dated 20.05.2023, the cognizance order dated 11.10.2023 and the entire proceedings of Case No. 40245 of 2023 (State vs. Mustafa and others), arising out of Case Crime No. 26 of 2023 under Sections 323, 324, 325, 504, 506 IPC, Police Station Sonakpur, District Moradabad, pending before the Additional Chief Judicial Magistrate, Court No. 6, Moradabad, holding that no useful purpose would be served by prolonging the proceedings. Reliance was placed on the Apex Court rulings in Narindra Singh v. State of Punjab (2014) 6 SCC 466, Parbatbhai Aahir v. State of Gujarat (2017) 9 SCC 641, Gian Singh v. State of Punjab (2012) 10 SCC 303 and State of M.P. v. Laxmi Narayanan (2019) 5 SCC 688, which hold that compromise can be made between the parties even in respect of certain cognizable and non-compoundable offences; reference was also made to the Allahabad High Court decision in Shaifullah v. State of U.P. [2013 (83) ACC 278]. Counsel: Saif Ali Khan for the applicants; G.A. for the State; Mohammad Danish for opposite party no. 2.

Neutral Citation No. - 2025:AHC:57338

Court No. - 84

Case :- APPLICATION U/S 482 No. - 34111 of 2024

Applicant :- Mustafa And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saif Ali Khan Counsel for Opposite Party :- G.A.,Mohammad Danish

Hon'ble Deepak Verma,J.

Supplementary affidavit filed today, is taken on record.

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 charge sheet dated 20.05.2023, the cognizance order dated 11.10.2023 as well as the entire proceedings of Case No. 40245 of 2023 (State Vs. Mustafa and others), arising out of Case Crime No. 26 of 2023, for the offence under Sections 323, 324, 325, 504, 506 I.P.C. relating to Police Station- Sonakpur, District- Moradabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 6, Moradabad, in view of the compromise arrived at between the parties.

Learned counsel for the applicants submitted that injuries are simple in nature and are not on the vital part of the body. He next submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicant approached this Hon'ble Court by filing this 482 application with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 21.11.2024 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 10.12.2024 verified the parties as well as compromise application. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 have settled through compromise their private and civil dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicants. 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.

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 charge sheet dated 20.05.2023, cognizance order dated 11.10.2023 as well as the entire proceedings of Case No. 40245 of 2023 (State Vs. Mustafa and others), arising out of Case Crime No. 26 of 2023, under Sections 323, 324, 325, 504, 506 I.P.C., relating to Police StationSonakpur, District- Moradabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 6, Moradabad, are hereby quashed.

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

Order Date :- 18.4.2025 Aditya

Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad