RAJU @ RAJ KUMAR AND 3 OTHERS v. STATE OF UP AND 2 OTHERS
A482/44066/2024 · 2026-03-18
Padam Narain Mishra
body2024
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[ 2024 DAILYLAW 2629 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 2629 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 44066 of 2024 Court No. - 82 HON'BLE PADAM NARAIN MISHRA, J.
1. This application u/s 482 Cr.P.C. has been preferred for quashing of the charge sheet No.24 of 2020 dated 10.09.2020 as well as entire proceeding of S.T. No.100 of 2024 (State Vs. Raju @ Raj Kumar and others), arising out of Case Crime No.17 of 2020, under sections 323, 324, 325, 308, 452, 504, 506, IPC, Police Station Pindaura, District Agra. 2. Learned counsel for both the parties submitted that the parties have settled their dispute by way of compromise dated 17.09.2024, which has been verified in pursuance of order dated 12.08.2025 passed by the co-ordinate Bench of this Court and the photo copies of certified copies of the verified compromise as well as verification proceedings have been sent by the trial court concerned, which is on record. 3. Learned counsel for the opposite party no. 2 argued that as the parties have already arrived at amicable settlement on 17.09.2024 in the aforesaid case and, therefore, opposite party no. 2 is no more interested to pursue the case any more against the applicants. 4. Heard learned counsel for the applicants and learned counsel for the Opposite Party No.2 and learned AGA for the State. 5. A three-Judge Bench of the Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, has observed that: (SCC p.340, para 58)
"58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is resorted; securing the ends of justice being the ultimate guiding factor."
6. Keeping in mind the position of law and facts, circumstances of the case, the present application under Section 482 of the Code stands allowed. Versus Counsel for Applicant(s) : Vijay Singh Sengar Counsel for Opposite Party(s) : Triveni Prasad Pandey, G.A. Raju @ Raj Kumar And 3 Others .....Applicant(s) State Of Up And 2 Others .....Opposite Party(s)
7.
The entire proceedings of charge sheet No.24 of 2020 dated 10.09.2020 as well as entire proceeding of S.T. No.100 of 2024 (State Vs. Raju @ Raj Kumar and others), arising out of Case Crime No.17 of 2020, under sections 323, 324, 325, 308, 452, 504, 506, IPC, Police Station Pindaura, District Agra, is hereby quashed. 8. This order is being passed by this Court after hearing the contesting parties. If at all, opposite party no. 2 feels that he has been duped or betrayed, then in that event, he may file recall application explaining the reasons for filing the said application. 9. The parties may file the certified copy of this order before the court concerned within six weeks from today. March 19, 2026 Israr A482 No. 44066 of 2024 2 (Padam Narain Mishra,J.) Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad