RASHID KHAN AND 2 OTHERSversusState of UP AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                   APPLICATION U/S 482 No. - 27680 of 2024

Rashid Khan And 2 Others
                                                             .....Applicant(s)
                                   Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)      : Akhilesh Kumar Tiwari, Jitendra
                                Kumar Maurya
Counsel for Opposite Party(s) : Alok Dixit, G.A., Kaushal Kant Dubey,
                                Navneet Mishra, Rahul Mishra

Court No. - 75
                       HON'BLE SAMIT GOPAL, J.

1. List revised.

2. Heard Sri Jitendra Kumar Maurya, learned counsel for the applicants,
Sri Sampoorna Nand, learned counsel for the opposite party no. 2, Sri
Bade Lal Bind, learned counsel for the State and perused the records.

3. The present application under Section 482 Cr.P.C. has been filed by the
applicants- Rashid Khan, Ikrar Khan, Firoj Khan with the prayer to quash
the impugned cognizance and summoning order dated 14.12.2024 issued
under Sections 147, 323, 406, 504, 506 I.P.C. and Section 3(1)(Da),
3(1)(Dha) and 3(2)(va) S.C./S.T. Act, passed by Special Judge, S.C./S.T.
Act, Etawah, as well as charge sheet no. 30 of 2023, dated 01.12.2023
arising out of Case Crime No. 31 of 2023, u/ss. 147, 323, 406, 504, 506
I.P.C., Police Station Balrai, District Etawah, including the entire
proceedings of the present case in pursuance of the compromise dated
26.7.2024 with the further prayer to stay the further proceedings of the
said case during pendency of this application.

4. As per the report dated 17.1.2025 of Special Judge SC/ST Act (P.A.),
Etawah Rs.75,000/- has been deposited back by the informant in the
concerned office of the Government. A report to the said effect of Senior
Treasury Officer, Etawah dated 08.1.2025 is enclosed with it which has
also been perused.
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5. Learned counsel for the applicants argued that the parties have settled
the dispute amicably out of court and on the basis of compromise the
applicants filed the present application before this Court in which an order
for verification of the compromise was passed on 23.10.2024. It is argued
that in compliance of the said order of this Court, the parties have filed
the order of this Court along with compromise before the concerned court
for its verification after which the concerned court has verified the said
compromise vide its order dated 24.12.2024, copy of the said order has
been placed on the record by the office through its report dated
04.2.2026. It is argued that the opposite party no. 2 is not interested to
pursue the matter pending in the trial court and is not inclined to give any
evidence against the applicants and therefore the impugned proceedings
be quashed on the ground of compromise between the parties.

6. Learned State counsel and learned counsel for the opposite party no. 2
could not dispute the fact that the matter has been amicably settled
between the parties which was duly verified by the concerned trial court.

7. The law with regards to quashing of a case on the basis of settlement
arrived between the parties, is well settled. The Apex Court in the cases of
(1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4
SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation :
(2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16
SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5)
Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC
278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and
others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that
the cases in which the parties have settled their grievances can be
quashed.

8. From perusal of the records and the law laid down by the Apex Court
on the subject matter, the present case is a good case for exercising
powers by this Court to quash the proceedings, cognizance/summoning
order, charge sheet as prayed for by the applicant(s).

9. The present application is allowed.

10. The impugned proceedings, cognizance/summoning order, charge
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                                    sheet as prayed for by the applicant(s) in the said case are hereby quashed.



                                                                                              (Samit Gopal,J.)
                                    May 11, 2026
                                    Naresh




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