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2024 DAILYLAW 3006 (ALL)

NAGESH UPADHYAY AND ANOTHER v. STATE OF UP AND 2 OTHERS

A482/44901/2024 · 2026-05-13

Harvir Singh

body2024

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 44901 of 2024 Court No. - 81 HON'BLE HARVIR SINGH, J. 1. Supplementary affidavit filed on behalf of opposite party no. 2 is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 as well as learned A.G.A. for the State and perused the material available on record. 3. The applicants by means of present application have invoked the inherent jurisdiction of this Court with a prayer to quash the entire proceedings of Special Session Trial No. 474 of 2024 (State vs. Nagesh Kumar Upadhyay and others) in pursuance of summoning order dated 7.9.2024 passed by learned Special Judge Dacoity Affected Area/Additional Sessions Judge-III, Farrukhabad in Complaint Case No. 125 of 2017 (Vijay Kumar Sharma vs. S.O. Nagesh), wherein the applicants have been summoned to face the trial under Sections 323/149, 392/149, 394/149 and 395/149 I.P.C. 4. Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 4.8.2025 and the same has been verified by the court concerned on 30.3.2026, therefore, the present case be decided finally. The said compromise verification order has been filed as Annexure-SA1 to the supplementary affidavit. 5. Learned counsel appearing for opposite party no.2 has not disputed the Versus Counsel for Applicant(s) : Atipriya Gautam, Divya Jyoti, Gaurav Kumar Chaturvedi, Madhaw Pandey, Sr. Advocate Counsel for Opposite Party(s) : G.A., Lavkush Kumar Bhatt Nagesh Upadhyay And Another .....Applicant(s) State Of Up And 2 Others .....Opposite Party(s) facts, as stated by learned counsel for the applicants. He further contended that, opposite party no.2 does not want to proceed with the criminal case against the applicants and the same may be quashed. 6. It would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the parties and to secure the ends of justice, it is appropriate that the criminal case is put to an end. 7. In view of the fact that, the parties do not want to pursue the case any further, as stated by them and the fact that matter has been mutually settled between the parties in view of the compromise dated 4.8.2025, no useful purpose would be served in proceeding with the matter further. 8. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court in Parbatbhai Aahir Vs. State of Gujarat (2017) 9 SCC 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688, summoning order dated 7.9.2024 passed by learned Special Judge Dacoity Affected Area/Additional Sessions Judge-III, Farrukhabad and well as the entire proceedings of the aforesaid case is hereby quashed. 9. The present application under Section 482 of the Code of Criminal Procedure, 1973, is, accordingly, allowed. May 14, 2026 Faridul A482 No. 44901 of 2024 2 (Harvir Singh,J.) Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad