Rakesh and 4 Others vs State of U.P. and 8 Others

Neutral Citation No. - 2025:AHC:105859

Court No. - 72

Case :- APPLICATION U/S 482 No. - 37992 of 2024

Applicant :- Rakesh And 4 Others Opposite Party :- State Of U.P. And 8 Others Counsel for Applicant :- Satya Narayan Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Supplementary affidavit filed today, is taken on record.

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Heard learned counsel for the applicants, learned counsel for the opposite party nos. 2 to 9, 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 charge sheet dated 07.08.2022, cognizance order dated 20.05.2023 passed by Chief Judicial Magistrate, Firozabad as well as the entire proceedings of the Case No.18803 of 2023 (State Vs. Rakesh and others), arising out of Case Crime No.399 f 2022, under section 147, 148, 149, 323 and 308 I.P.C., Police Station- Tundla, DistrictFirozabad, which is pending to the court of Chief Judicial Magistrate, Firozabad.

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Learned counsel for the applicants submitted that both the parties have lodged first information reports against each other and received injuries in the alleged incident. He next submits that applicants and opposite party nos. 2 to 9 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 09.04.2025 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 29.04.2025 verified the parties as well as compromise application. He further submitted that applicants and opposite party nos. 2 to 9 compromised the matter and opposite party nos. 2 to 9 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party nos. 2 to 9 have settled through compromise their private and civil dispute and as such opposite party nos. 2 to 9 does not wish to press the aforesaid case against the applicants. Opposite party nos. 2 to 9 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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In para-9 it is stated that present case is a cross case, applicant No.1 has lodged FIR as Case Crime No.404 of 2022, against the opposite party no. 2 and others in which both parties have compromised the matter and has filed 482 Cr.P.C. application bearing No.37973 of 2024 to quash the criminal proceedings on

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account of compromise. The Court by order dated 21.02.2025 has directed the parties to appear before trial court. Counsel submits that parties have been verified in those proceedings.

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Learned counsel appearing for the opposite party nos. 2 to 9 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 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 non-compoundable 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 charge sheet dated 07.08.2022, cognizance order dated 20.5.2023 passed by Chief Judicial Magistrate, Firozabad as well as the entire proceedings of the Case No.18803 of 2023 (State Vs. Rakesh and others), arising out of Case Crime No.399 f 2022, under section 147, 148, 149, 323 and 308 I.P.C., Police Station- Tundla, District- Firozabad, which is pending to the court of Chief Judicial Magistrate, Firozabad, are hereby quashed.

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

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Order Date :- 7.7.2025 Aditya

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

Rakesh and 4 Others v. State of U.P. and 8 Others

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