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2025 DAILYLAW 105435 (ALL)

MAHESH KUMAR AND 3 OTHERS v. State of UP AND ANOTHER

A482/36116/2024 · 2025-09-18

Yogesh Dubey Joint Registrar Judicial

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 36116 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Gaurav Singh Tomar, learned counsel for the applicants, Sri Santosh Kumar Verma, learned counsel for the opposite party no. 2 and Sri A.K. Tripathi, learned A.G.A. for the State respondents. 2. This application under Section 482 Cr.P.C. has been preferred for quashing the entire proceeding of Criminal Case No. 1982 of 2023 arising out of Case Crime No. 52 of 2023 under sections 323, 504, 506, 427, 452, 325 IPC, P.S. Gohan, District Jalaun pending before the court of Chief Judicial Magistrate, Jalaun on the basis of compromise. 3. It is contended by learned counsel for the applicants that the applicants and opposite party no. 2 have entered into compromise and the same has been verified by the learned Court concerned and a report regarding the same is on the record. It is also submitted that in view of the compromise arrived at between the applicants and opposite party no. 2, proceedings of the aforesaid case be quashed against the applicants. 4. On the other hand, learned counsel for the opposite party no. 2 and learned A.G.A. for the State have no objection to the above submissions made by the learned counsel for the applicants. 5. In view of the fact that the applicants and opposite party no. 2 have entered into compromise and the said compromise has been verified by the learned Court concerned and a report regarding verification of compromise is already on record and keeping in view of the law laid down by Hon'ble Supreme Court 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 in respect of the applicants. 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 Versus Counsel for Applicant(s) : Gaurav Singh Tomar Counsel for Opposite Party(s) : Santosh Kumar Verma, G.A. Mahesh Kumar And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) between the parties. 6. In view of the aforesaid, the entire proceeding of S.T. No. 275 of 2016 arising out of Case Crime No. 16 of 2008 under sections 147, 148, 149, 307, 323, 504, 506, 440, 447 IPC, P.S. Harpur Budhat, District Gorakhpur pending before the court of Additional Sessions Judge/Special Judge (E.C. Act), Gorakhpur are hereby quashed. 7. The application under Section 482 Cr.P.C. stands allowed. September 19, 2025 Madhurima A482 No. 36116 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad