Neelesh Parihar Alias Neelu Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:125210

Court No. - 72

Case :- APPLICATION U/S 482 No. - 40944 of 2024

Applicant :- Neelesh Parihar Alias Neelu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Gaytri Rajput,Indra Pal Singh Rajpoot Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant 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 entire proceedings of Criminal Case No. 2409 of 2019 (State versus Neelesh Parihar @ Neelu) arising out of Case Crime No. 758 of 2018 registered under Sections 389, 323, 427 I.P.C. Police Station-Kotwali Orai, District-Jalaun, pending in the court of learned Chief Judicial Magistrate, Jalaun at Orai.

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Learned counsel for the applicant submitted that applicant and opposite party no.2 have amicably settled their dispute out of the Court. The applicant earlier approached this Hon'ble Court by way of filing Application under Section 482 No. 4816 of 2024 Neelesh Parihar @ Neelu versus State of U.P. and another with prayer to quash the proceedings in terms of compromise entered between the parties, the coordinate Bench of this Hon'ble Court vide order dated 01.05.2024 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 16.05.2024 verified the parties as well as compromise application. The verification report dated 16.05.2024 is annexed as Annexure No. 6 to the affidavit filed in support of the application. He further submitted that applicant and opposite party no. 2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicant. He further submitted that applicant 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 applicant. Opposite party no. 2 is ready to withdraw the prosecution of the applicant 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 counsel appearing for the opposite party no.2 does not

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dispute the correctness of the submission made by learned counsel for the applicant 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 A.G.A. 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 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.

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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 entire proceedings of Criminal Case No. 2409 of 2019 (State versus Neelesh Parihar @ Neelu) arising out of Case Crime No. 758 of 2018 registered under Sections 389, 323, 427 I.P.C. Police Station-Kotwali Orai, District-Jalaun, are hereby quashed.

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

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Order Date :- 29.7.2025 SY

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Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad

Neelesh Parihar Alias Neelu v. State of U.P. and Another

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