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2025 DAILYLAW 104932 (ALL)

PREM MOHAN ALIAS KRISHAN MOHAN AND 3 OTHERS v. State of U.P. AND ANOTHER

A482/35373/2024 · 2025-03-05

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32847 Court No. - 73 Case :- APPLICATION U/S 482 No. - 35373 of 2024 Applicant :- Prem Mohan Alias Krishan Mohan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Kumar,Gaurav Kant Tiwari Counsel for Opposite Party :- G.A.,Vijaya Shankar Shukla Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned AGA for the State. 2. This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings of Complaint Case No. 494 of 2005 (State Vs. Janhavi Prasad and Others), under Sections 419, 420, 504, 506 IPC, P.S. Meja, District Prayagraj, pending in the court of A.C.J.M., Court No.10, Prayagraj, on the basis of compromise arrived at between the parties. 3. It has been argued by the learned counsel for the applicants that the dispute between the parties relates to property, which is private in nature and that now both the parties have amicably settled the dispute and the complainant of the case does not want to pursue the impugned proceedings. Both the parties are members of one and same extended family. The compromise filed by the parties before the trial court concerned, has already been verified by the court concerned, copy of which is on record. 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 /complainant has concurred with the arguments of learned counsel for the applicants and submitted that both the parties have amicably settled the dispute and compromised the matter and the complainant 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, the matter relates to property between the parties, which is private in nature. If parties compromise the matter, it would not have adverse impact on society. Both the parties are members of one and same extended family. The complainant of the case does not want to pursue the impugned proceedings. There is nothing to indicate that parties have any criminal antecedents. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed. 8. In view of the aforesaid, entire impugned proceedings of the aforesaid case, against applicants, namely, Prem Mohan @ Krishan Mohan, Chandrika Prasad Pandey, Yogini Prasad Pandey & Durga Prasad Pandey are hereby quashed. 9. The application u/s 482 Cr.P.C. is allowed. Order Date :- 6.3.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad