DHYANPAL AND 6 OTHERS v. STATE OF U.P. AND ANOTHER
A482/4876/2022 · 2026-05-11
Samit Gopal
body2022
DailyLaw.ai
[ 2022 DAILYLAW 2135 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2022 DAILYLAW 2135 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 4876 of 2022 Court No. - 75 HON'BLE SAMIT GOPAL, J.
1. List revised. 2. Heard Ms. Jyoti Singh, Advocate holding brief of Ms. Karma Singh Yadav, learned counsel for the applicants, Sri V.D. Ojha, learned counsel for the State and perused the records. 3. Notice issued to the opposite party no.2 has been served personally as per office report dated 10.01.2025. Despite service of notice, no one appears on behalf of the opposite party no.2 even when the matter has been taken up in the revised list. 4. The present application under Sections 482 Cr.P.C. has been filed by the applicants Dhyanpal, Dinesh, Raju, Dinesh, Prembabu, Ashish and Ratan Singh, with the prayer to allow the present application and quash the entire criminal proceedings of Complaint Case No. 354 of 2017 (Dharmpal Vs. Dhyanpal and 6 others), under Sections 394, 397, 427 I.P.C. P.S. Ughauti, District Budaun, as well as quash the summoning order dated 09.02.2021, pending in the court of Additional Session Judge 3rd/Special Judge (Dacaity Afffected Area), Budaun and with a further prayer to stay the entire proceedings of the aforesaid case. 5. Learned counsel for the applicants states that an order was passed by this Court vide order dated 15.01.2025 directing the applicants to file the said compromise deed before the court concerned which was to be verified by the court concerned. In pursuance of the said order, the court concerned vide order dated 02.02.2026 verified the said compromise, copy of the same is on record. 6. Learned counsel for the State has no objection to the said proposition. 7. The law with regards to quashing of a case on the basis of settlement Versus Counsel for Applicant(s) : Karma Singh Yadav, Rajendra Kumar Ratnakar, Virendra Kumar Gupta Counsel for Opposite Party(s) : G.A. Dhyanpal And 6 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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, charge sheet as well as cognizance/summoning order as prayed for by the applicant(s). 9. The present application is allowed. 10. The entire criminal proceedings as well as summoning order dated 09.02.2021 of the aforesaid case are hereby quashed. May 12, 2026 M. ARIF A482 No. 4876 of 2022 2 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad