Allowed

Rishab Gupta and 2 Others v. State of U.P. and Another

Allahabad HC21 Feb 2025A482/38062/2024

Case brief

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What is this about?

Applicants sought quashing of cognizance and proceedings in a complaint arising from Sections 323, 504, 506 IPC after amicable settlement with the second opposite party, verified by the trial court. Relying on Supreme Court precedent permitting quashing of non-compoundable offences on compromise, the High Court quashed the entire proceedings and allowed the Section 482 Cr.P.C. application.

What did the court decide?

Proceedings of Case No.5390 of 2023 arising out of Case Crime No.550 of 2021 under Sections 323, 504, 506 IPC quashed.

Rishab Gupta and 2 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:118459

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 38062 of 2024

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Applicant :- Rishab Gupta And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Sharan Tomar Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record.

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The present 482 Cr.P.C. application has been filed to quash the cognizance order dated 05.07.2023 as well as entire proceedings of Case No.5390 of 2023 (State Vs. Rishab Gupta and others) arising out of Case Crime No.550 of 2021, under Sections 323, 504, 506 I.P.C., Police Station-Majhola DistrictMoradabad, pending in the court of learned Chief Judicial Magistrate, Moradabad.

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Learned counsel for the applicants 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 in terms of compromise entered between the parties, the Hon'ble Court vide order dated 21.02.2025 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 19.03.2025 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.

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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

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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 proceedings of Case No.5390 of 2023 (State Vs. Rishab Gupta and others) arising out of Case Crime No.550 of 2021, under Sections 323, 504, 506 I.P.C., Police Station-Majhola District-Moradabad, is hereby quashed.

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

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Order Date :- 21.7.2025 Meenu Singh

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

Rishab Gupta and 2 Others v. State of U.P. and Another

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Rishab Gupta and 2 Others v. State of U.P. and Another

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