Lalit and Another vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:132422

Court No. - 72

Case :- APPLICATION U/S 482 No. - 42483 of 2024

Applicant :- Lalit And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kapil Kumar,Nitika Sharma 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 informant, 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 charge-sheet dated 19.09.2019, cognizance/summoning order dated 26.08.2020 as well as entire proceedings of Case No.3976 of 2020 (State vs. Lalit and others) arising out of Case Crime No.1409 of 2018, under Sections 323, 506, 342, 354-Ka I.P.C., Police Station Kotwali Dehat, District Bulandshahar, pending in the court of Chief Judicial Magistrate, Bulandshahar, in terms of compromise.

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Learned counsel for the applicants submits that the applicant no.1 is husband of opposite party no.2. They have amicably settled the dispute out of Court in terms of compromise dated 23.11.2024. It is next submitted that the applicants filed 482 application before this Court to quash the proceedings as both the parties have amicably settled the dispute out of the court. This Court vide order dated 04.04.2025 directed the parties to appear before the court below for verification of compromise dated 23.11.2024 (Annexure 6 to the affidavit). The order dated 04.04.2025 is being quoted below:-

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"Learned counsel for both the parties submitted that parties settled their dispute arising out of offence punishable under Sections 323, 506, 354-Ka of I.P.C. on the basis of compromise dated 23.11.2024.

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Certified copy of compromise is on record as Annexure-6 to the affidavit. It is further submitted that victim is residing with the applicant as his wife and one child is born out of the wedlock.

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Both the parties are directed to appear before the court concerned

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for verification of compromise within six weeks from today.

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Court concerned is directed to verify the same.

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Applicants are directed to file supplementary affidavit annexing certified copy of the compromise as well as proceedings of verification of compromise.

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Put up this case on 6.8.2025, as fresh.

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Till the next date of listing, further proceedings of Case No. 3976 of 2020, arising out of Case Crime No. 1409 of 2018, under Sections 506, 342, 354-Ka of I.P.C., P.S. Kotwali Dehat, District Bulandshahar, shall remain stayed against the applicants."

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Pursuant to the said order dated 10.01.2025, the parties appeared before the court below and after due verification of the parties and contents of the compromise made between them, the court below vide order dated 23.01.2025 has passed the verification order. A copy of the same is annexed as Annexure SA-1 to the supplementary affidavit.

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Learned counsel for the applicants has submitted that the applicants and opposite party no.2 have settled their private and civil dispute through compromise and as such opposite party no.2 do 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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In view of the facts and circumstances of the case, the applicants and opposite party no.2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further. Learned counsel for the applicants submits that the applicant no.1 and opposite party no.2 are living jointly.

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Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC

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303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642 , the proceeding of Case No.3976 of 2020 (State vs. Lalit and others) arising out of Case Crime No.1409 of 2018, under Sections 323, 506, 342, 354-Ka I.P.C., Police Station Kotwali Dehat, District Bulandshahar, pending in the court of Chief Judicial Magistrate, Bulandshahar, is hereby quashed.

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

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Order Date :- 6.8.2025 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Lalit and Another v. State of U.P. and Another

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