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Neutral Citation No. - 2025:AHC:144032 HIGH COURT OF JUDICATURE AT ALLAHABAD ********* (Sl. No. 403) Court No. - 78 Case :- APPLICATION U/S 482 No. - 35829 of 2024 Applicant :- Mohd Taha And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikas Singh Counsel for Opposite Party :- G.A.,Vikas Mani Srivastava Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Vikas Singh, learned counsel for the applicants and Sri Arti Srivastava, Advocate, holding brief of Sri Vikas Mani Srivastava, learned counsel for the opposite party no. 2 and Sri Anil Kumar Singh, learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings in Complaint Case No. 1165 of 2012 (Shakil Ahmad Vs. Mohd. Taha & Ors) under Sections 419, 420, 467, 468, 471 I.P.C., P.S.- Kotwali, District- Fatehpur, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 3, Fatehpur on the basis of compromise dated 05.09.2024. 3. It is submitted by learned counsel for the applicants that there was a dispute with regard to the tenancy of a shop between the applicants and the opposite party no. 2. Due to this reason, a case was lodged by the opposite party no. 2 against the applicants. During the pendency of the instant case before the trial court, the parties have settled their dispute amicably and a compromise dated 05.09.2024 was executed between the parties. On the basis of the said compromise, the instant application was filed seeking quashing of the entire proceedings of the instant case. A copy of which has been annexed as Annexure No. 3 to the instant application. 4. Vide order dated 06.05.2025, the parties were directed to appear before the trial court concerned for verification of compromise. 5. Pursuant to the aforesaid order, parties have appeared before the trial court concerned on 23.05.2025 and on such appearance of the
parties the trial court have verified the compromise arrived at between the parties. In view thereof, learned counsel for the applicants seeks quashing of the entire proceedings of the instant case. 6. Learned counsel for the opposite party no. 2 also admits the aforesaid facts and supports the prayer of the applicants with regard to the quashing of the entire proceedings against them. 7.
Looking at the nature of dispute and its settlement, learned A.G.A. do not oppose the prayer for quashing of the proceedings on the basis of the compromise arrived at between the parties. 8. Having heard the rival submissions so made by learned counsels for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that there was a tenancy dispute between the parties. With regard to the same, a complaint was lodged by the opposite party no. 2. During pendency of the instant case, the parties have amicably settled the dispute and compromise was executed, which has been duly verified by the trial court pursuant to the order dated 06.05.2025 passed by this Court. 9. In view of the settlement of disputes between the parties, no fruitful purpose would be served by keeping the criminal proceedings of the instant case pending against the applicants. 10. Since the instant dispute was a private in nature, which has been amicably settled between the parties and a compromise was executed, which has been duly verified by the trial court concerned in presence of the parties, in view thereof, the instant application is allowed in the light of the judgements of the Apex Court in Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003)4 SCC 67 and the entire proceedings of Complaint Case No. 1481 of 2015 (Tara Devi Vs. Nand Hosila and Another), and the entire proceedings of Complaint Case No. 1165 of 2012 (Shakil Ahmad Vs. Mohd. Taha & Ors) under Sections 419, 420, 467, 468, 471 I.P.C., P.S.- Kotwali, District- Fatehpur, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 3, Fatehpur are hereby quashed.
Order Date :- 21.8.2025/Vibha Singh (Anish Kumar Gupta,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad