Sajid And 5 Others vs State Of Up And 2 Others
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Allahabad High Court

Sajid And 5 Others vs State Of Up And 2 Others on 22 May, 2024

Author: Vivek Varma

Bench: Vivek Varma

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:92513
 
Court No. - 86
 

 
Case :- APPLICATION U/S 482 No. - 10264 of 2024
 

 
Applicant :- Sajid And 5 Others
 
Opposite Party :- State Of Up And 2 Others
 
Counsel for Applicant :- Virendra Singh Tomar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Varma,J.
 

1. Supplementary affidavit filed by counsel for the applicants is taken on record.

2. Heard counsel for the applicants, Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the record.

3. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Case No. 3802/9 of 2007 (State vs. Sajid and others) , arising out of Case Crime No. 377 of 2007, under Sections 363, 366 I.P.C., Police Station- Kotwali Nagar, District- Muzaffar Nagar, pursuant to compromise dated 15.09.2022.

4. Learned counsel for the applicants submits that the alleged victim had attained the age of majority on the date of occurrence. Other dispute had existed between the parties and those have been resolved. Presently, the applicant no. 1 has married the opposite party no. 3/victim and both are leading a happy married life, having four children. The applicant nos. 2 to 6 are the close relatives of applicant no. 1.

4. It is stated that compromise deed had been filed by the parties before the trial court. Further, pursuant to the order dated 07.08.2023 passed by this Court in Application u/s 482 no. 20854 of 2007 (Sajid and others vs. State of U.P. and others), the parties appeared before the trial court. The trial court vide order dated 25.09.2023 has verified the compromise. Certified copy of the order dated 25.09.2023 is annexed as Annexure- 2 to the affidavit.

5. Learned counsel for the applicants has placed reliance upon the judgment of the Supreme Court in the case of Jatin Agarwal v. State of Telangana and another, Criminal Appeal No. 456 of 2022, dated 21.03.2022, as well as the orders of this Court in Application U/s 482 No. 14068 of 2021, Irfan @ Panjabi v. State of U.P. and another, dated 02.11.2022; Application U/s 482 No. 2021, Deepak v. State of U.P. and another, dated 15.12.2021; and Application U/s 482 No. 2286 of 2019, Parvesh Kumar @ Ravindra Chandel v. State of U.P. and others, dated 21.01.2019.

6. Having regard to the facts and circumstances of the case that the applicant no.1 and the opposite party no. 3/ victim are leading a happy married life, having four children and they have entered into a compromise, and also in the light of the decisions referred above, to secure the ends of the justice the proceedings of the aforesaid case are quashed.

7. Accordingly, the present application is allowed.

Order Date :- 22.5.2024

Sachin Mishra