Pramesh Yadav And Another vs State Of U.P. And Another
2023 Latest Caselaw 430 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 71
 
Case :- APPLICATION U/S 482 No. - 22285 of 2022
 

 
Applicant :- Pramesh Yadav And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Amit Kumar Pandey,Sunil Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard the learned counsel for the applicants, learned counsel for the opp. party no. 2 and perused the record.

Learned counsel for the parties submitted that in compliance of the order dated 28.7.2022 the compromise between the parties has been verified by the trial court. The verified compromise along with the order passed thereon by the trial court has not been received to this court but the learned counsel for the applicants along with his affidavit has placed before the court the certified copy of the compromise filed by the parties and the verification order passed thereon by the trial court.

As the learned counsel for the parties are present before the court and admitted the fact that the compromise deed has been verified by the trial court. The compromise deed and the verification order passed thereon are before the court. In the light of Shaifullah and others Vs. State of U.P. and another [ 2013 (83) ACC 278] and Narindra Singh and others Vs. State of Punjab (2014) 6 SCC 466 as well as in various other judgments, the Apex Court has categorically held that the compromise can be made between the parties even in respect of certain cognizable and non compoundable offence.

The compromise has been verified by the trial court, charge sheet is filed under sections 419, 420, 406 I.P.C. The dispute is personal.

Considering the facts and circumstances of the case and also the submissions advanced by the learned counsel for the parties, no useful purpose would be served keeping the proceedings pending of the aforesaid case. Hence, the entire proceedings as well as cognizance order dated 5.3.2020 in case no. 1419 of 2020, State Vs. Pravesh Yadav and others, arising out of case crime no. 48 of 2019 under sections 419, 420, 467, 468, 471, 406 I.P.C. and charge sheet filed under sections 419, 420, 406 I.P.C. pending before Chief Judicial Magistrate, Maharajganj are hereby quashed.

The present application under section 482 Cr.P.C. is accordingly allowed.

Order Date :- 5.1.2023

Gss