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2025 DAILYLAW 104102 (ALL)

KANHAIYA LAL v. State of U.P. AND ANOTHER

A482/34779/2024 · 2025-08-17

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141268 Court No. - 89 Case :- APPLICATION U/S 482 No. - 34779 of 2024 Applicant :- Kanhaiya Lal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Singh Counsel for Opposite Party :- Lakshmi Kant Singh,G.A. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Mr. Santosh Singh, learned counsel for the applicant, Mr. Laxmi Kant Singh, learned counsel for opposite party no. 2 and Mr. J.P. Singh, learned AGA for the State. 2. The present application has been filed with prayer to quash entire proceedings of Case No.- 2104 of 1997 (State Vs. Kallu Kol and others) arising out of Case Crime No.- 283 of 1994 under Sections 324, 323, 504, 506 I.P.C., P.S- Karchhana, District- Allahabad pending in the Court of learned Additional Chief Judicial Magistrate, Court No.-08, Allahabad on the basis of compromise. 3. It has been submitted by learned counsel for the applicant that the applicant and opposite party no.2 have entered into compromise and they have amicably settled all the disputes on the basis of compromise. The compromise has already been verified by learned court concerned and report of proceedings of verification of compromise is on record. It was submitted that the complainant does not want to pursue the impugned proceedings. It was stated that in view of these facts and circumstances, no useful purpose would be served by keeping the impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties. 4. Learned counsel for the opposite party no.2 has concurred with the arguments of learned counsel for the applicant and submitted that both the parties have amicably settled the dispute and compromised the matter and the complainant/ opposite party no.2 does not want to proceed with the case pending before the trial court and the impugned proceedings may be quashed. 5. Learned A.G.A. has no objection if parties compromise the matter. 6. I have considered the submissions and perused the record. 7. It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise. In the instant case it was submitted that both the parties have settled all the disputes and compromised the matter. It was submitted on behalf of both the parties that impugned proceedings may be quashed on the basis of compromise between the parties. If parties compromise the matter, it would not have adverse impact on society. There is nothing to indicate that parties have any criminal antecedents. The counter affidavit of opposite party no.2 is also on record, wherein it has been stated that the impugned proceedings may be quashed. Considering the law laid down in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed. 8. In view of the aforesaid, the impugned charge- sheets/cognizance-summoning order and entire proceedings of Case No.- 2104 of 1997 (State Vs. Kallu Kol and others) arising out of Case Crime No.- 283 of 1994 under Sections 324, 323, 504, 506 I.P.C., P.S- Karchhana, District- Allahabad pending in the Court of learned Additional Chief Judicial Magistrate, Court No.- 08, Allahabad, against applicant, namely, Kanhaiya Lal, are hereby quashed. 9. The application u/s 482 Cr.P.C. is allowed. Order Date :- 18.8.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad