Omsatya Singh and 3 Others Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:55318

Court No. - 84

Case :- APPLICATION U/S 482 No. - 39522 of 2024

Applicant :- Omsatya Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Kumar Singh Counsel for Opposite Party :- Sarfaraz Ahmad,G.A.

¶5

Hon'ble Deepak Verma,J.

¶6

Supplementary affidavit, filed today, is taken on record.

¶7

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

¶8

The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 19.01.2024 and summoning order dated 15.3.2024 as well as entire criminal proceedings of Case No.18624/2024, Case Crime No.231/2023 (State Vs. Omsatya and others) u/s 323, 504, 308, 452 & 324 IPC, P.S. Harpur Budhhat, District Gorakhpur, pending in the court of Civil Judge (SD), Court No.1, Gorakhpur, on the basis of compromise/notary affidavit dated 05.10.2024 which has been taken place from the out side of the Court.

¶9

Instant FIR has been lodged on account of assault committed by named accused persons/applicants. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicant, informant and injured are neighbour of the same village and dispute arose on account of mobile missing. Though five injured have received injuries which are simple in nature. Injured and informant without undue pressure have compromised the matter and now they have filed present 482 application with prayer that aforesaid proceedings, pending against the applicants, may be quashed. This Hon'ble Court vide order dated 27.11.2024 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 13.12.2024 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

¶10

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.

¶11

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.

¶12

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

¶13

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.

¶14

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.

¶15

Accordingly, the impugned charge sheet dated 19.01.2024 and summoning order dated 15.3.2024 as well as entire criminal proceedings of Case No.18624/2024, Case Crime No.231/2023, u/s 323, 504, 308, 452 & 324 IPC, P.S. Harpur Budhhat, District Gorakhpur, pending in the court of Civil Judge (SD), Court No.1, Gorakhpur, is hereby quashed.

¶16

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

¶17

Order Date :- 16.4.2025 Nitin Verma

¶18

Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad

Omsatya Singh and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Omsatya Singh and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases