KAMLESH VERMA AND 3 OTHERS v. State of UP AND ANOTHER
A482/27587/2024 · 2026-02-19
Chawan Prakash
body2024
DailyLaw.ai
[ 2024 DAILYLAW 2661 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 2661 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 27587 of 2024 Court No. - 80 HON'BLE CHAWAN PRAKASH, J.
1. Case called out in the revised list. No one has appeared on behalf of opposite party No.2 even in revised call. 2. Heard Sri Fakhruzzaman, learned counsel for the applicants, learned A.G.A. for the State and perused the record. 3. The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 661 of 2022 (Gauri Shankar Vs. Kamlesh Varma and others), under Section 392 I.P.C., Police Station Aata, District Jalaun, pending in the Court of Additional Session Judge/Special Judge (D.A.A.), Jalaun at Orai. 4. Learned counsel for applicants before this Court had made a request that parties have entered into a compromise in this matter and have settled all the disputes between them and now they do not want to proceed with this matter. A certified copy of compromise deed is annexed as Annexure SA-1 to the supplementary affidavit. 5. Learned counsel for the applicants has submitted before this Court that the compromise entered into between the parties has been made without any coercion or undue influence upon the complainant of this case and is a result of free will and consent of the parties. 6. A coordinate Bench of this Court vide order dated 19.02.2025 directed the learned trial court to verify the compromise deed in presence of both the parties and in compliance of the orders dated 19.02.2025 passed by Versus Counsel for Applicant(s) : Fakhruzzaman Counsel for Opposite Party(s) : B.N.Singh, G.A., Santosh Kumar Singh Kamlesh Verma And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
this Court, learned trial court submitted its verification report dated 12.3.2025 to this Court. 7. It appears from perusal of the record that the compromise between the parties is the result of free will and consent of the complainant-opposite party no. 2 without any coercion or undue influence. 8. In view of that, this Court finds that since the parties have entered into compromise which has already been verified by the trial court, now nothing rests in this matter to continue. 9. 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. 10. The law is well-settled by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the Complaint Case No. 661 of 2022 (Gauri Shankar Vs. Kamlesh Varma and others), under Section 392 I.P.C., Police Station Aata, District Jalaun, pending in the Court of Additional Session Judge/Special Judge (D.A.A.), Jalaun at Orai. 11. Accordingly, the present application is allowed. 12. Hence, the Complaint Case No. 661 of 2022 (Gauri Shankar Vs. Kamlesh Varma and others), under Section 392 I.P.C., Police Station Aata, District Jalaun is, hereby, quashed in terms of the compromise. February 20, 2026 Md Faisal A482 No. 27587 of 2024 2 (Chawan Prakash,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad