Allahabad High Court
Waseem And 3 Others vs State Of U.P. And Another on 2 September, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:155982
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 19632 of 2024
Waseem And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Mukesh Joshi
Counsel for Opposite Party(s)
:
G.A., Jainendra Kumar Sharma
Court No. - 89
HON'BLE JITENDRA KUMAR SINHA, J.
1. Supplementary affidavit filed by learned counsel for the applicants, today in the Court, which is taken on record.
2. Heard Mr. Mukesh Joshi, learned counsel for the applicants, Mr. Akash Kumar Sharma, Advocate, holding brief of Mr. Jainendra Kumar Sharma, learned counsel for the opposite party no. 2 and Mr. Ashish Kumar Tripathi, learned A.G.A. for the State.
3. This application u/s 482 Cr.P.C. has been preferred for quashing the charge-sheet no. 07 of 2021 dated 06.01.2021, cognizance/summoning order dated 13.10.2022 as well as entire proceeding of the Session Case No. 1437 of 2023, CNR No. UPMO01-009085-2023 (State Vs. Waseem and Others) arising out of Case Crime No. 375 of 2020, under section 307, 323, 452, 506 IPC, P.S. Mainather, District Moradabad pending in the court of Additional Sessions Judge, Court No. 13 Moradabad, in terms of compromise. It is also prayed to stay the further proceeding of the aforesaid case during pendency of the present application.
4. It is submitted by learned counsel for the applicants that all the disputes and differences have been settled between the parties. The copy of compromise dated 22.12.2023 entered into between the parties has been annexed as Annexure No. 7 of the application and the compromise has also been verified by the learned court concerned and the report regarding the same is on record by way of supplementary affidavit dated 02.10.2024. It is further submitted that injuries received to the injured are simple in nature and a cross case has also been registered in this case. At this stage, learned counsel further submitted that continuation of the proceedings of the aforesaid case will be an abuse of process of law. No fruitful purpose would be served keeping the matter pending. In support of his contention, learned counsel for the applicants has also placed reliance on the law laid down by Apex Court in Gian Singh vs. State of Punjab, (2012), 10 SCC 303, B.S. Joshi and others vs. State of Haryana and another, (2003) 4 SCC 675 and Madan Mohan Abbot vs. State of Punjab, (2008) 4 SCC 582.
5. On the other hand, learned AGA as well as learned counsel for the opposite party no. 2 submits that since the dispute between the parties has been settled, they have no objection if the proceedings of the aforesaid case pending before the trial court is quashed.
6. I have considered the submissions made by the learned counsel for the parties and have gone through the entire record.
7. Since the dispute between the parties has been amicably and mutually settled, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply be a waste of time if the aforesaid case is permitted to continue till its logical conclusion.
8. In view of the above, the Application u/s 482 Cr.P.C. is allowed.
9. The entire proceeding of charge-sheet no. 07 of 2021 dated 06.01.2021, cognizance/summoning order dated 13.10.2022 as well as entire proceeding of the Session Case No. 1437 of 2023, CNR No. UPMO01-009085-2023 (State Vs. Waseem and Others) arising out of Case Crime No. 375 of 2020, under section 307, 323, 452, 506 IPC, P.S. Mainather, District Moradabad pending in the court of Additional Sessions Judge, Court No. 13 Moradabad, against the applicants is quashed in terms of compromise arrived at between the parties.
(Jitendra Kumar Sinha,J.) September 2, 2025 Vibha Singh