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2025 DAILYLAW 105006 (ALL)

IZHAR KHAN AND 2 OTHERS v. State of U.P. AND ANOTHER

A482/36336/2024 · 2025-03-16

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37574 Court No. - 71 Case :- APPLICATION U/S 482 No. - 36336 of 2024 Applicant :- Izhar Khan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Aslam Khan,Mohd. Mateen Khan Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned AGA for the State. 2. This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including summoning order dated 14.09.2001, of Criminal Case No. 59 of 2010 (Farukh Vs. Izhar and Others), under Sections 323, 504, 506, 452 I.P.C., P.S. Gahmar, District Ghazipur, pending in the court of Chief Judicial Magistrate, Ghazipur on the basis of compromise arrived at between the parties. 3. It has been submitted by learned counsel for the applicants that opposite party no. 2 has lodged this case due to misconception and both the parties have amicably settled the dispute and compromised the case. Both the parties are neighbors. In pursuance to the order of this Court, the compromise has already been verified by the Trial Court concerned. 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 A.G.A. has no objection if parties compromise the matter. 5. I have considered the submissions and perused the record. 6. It is well settled that in appropriate cases, criminal proceedings may be quashed on the basis of compromise. In the instant matter, it appears that dispute between the parties is private in nature and 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 compromise filed by the parties before the Trial Court, has already been verified by the court concerned. 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. 7. In view of the aforesaid, the impugned summoning order and entire proceedings of the aforesaid case against applicants, namely, Izhar Khan, Kausar Khan and Nasim Khan are hereby quashed. 8. The application u/s 482 Cr.P.C. is allowed. Order Date :- 17.3.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad