JAY PRAKASH AND 2 OTHERS v. State of UPAND ANOTHER
A482/37364/2024 · 2025-08-18
Yogesh Dubey Joint Registrar Judicial
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 106150 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 106150 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:141592 Court No. - 89 Case :- APPLICATION U/S 482 No. - 37364 of 2024 Applicant :- Jay Prakash And 2 Others Opposite Party :- State Of Upand Another Counsel for Applicant :- Javed Khan Counsel for Opposite Party :- G.A.,Subuhi Naseem Hon'ble Jitendra Kumar Sinha,J.
1. Supplementary affidavit filed on behalf of the applicants, is taken on record.
2. The case is taken up on mentioning.
3. Heard Sri Javed Khan, learned counsel for the applicants, Ms. Subuhi Naseem, learned counsel for opposite party no.2 and Sri B. P. Singh, learned AGA for the State-opposite party no.1.
4. This application u/s 482 Cr.P.C. has been preferred with prayer to quash the entire proceeding of Case No.54169 of 2023(State Vs. Jay Prakash and others) and charge sheet dated 16.05.2022, under sections 308, 323, 504, IPC against the applicant no.1 and under section 323, 504, IPC against the applicant nos.2 and 3, arising out of Case Crime No.92 of 2022, under sections 308, 323, 504, IPC, Police Station Kundarki, District Moradabad, pending in the court of Additional Chief Judicial Magistrate-4, Moradabad and to set-aside the impugned cognizance/summoning order dated 01.10.2023, passed by the Judicial Magistrate, Moradabad against the applicants on the basis of compromise/settlement.
5. It is contended by learned counsel for the applicants that applicants and opposite party no.2 have entered into compromise and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise sent by the court concerned is already on the record. He further submits that certified copy of the proceeding of compromise verification is already on record and annexed as annexure no.S.A.-1 to the supplementary affidavit. Learned counsel for the applicants further prays that in view of the compromise entered into between the
applicants and opposite party no.2, the proceeding of the aforesaid case be quashed.
6. On the other hand, learned counsel for the opposite party no.2 and learned AGA for the State have no objection to the above submissions made by
learned counsel for the applicants.
7. In view of the fact that applicants and opposite party no.2 have entered into compromised and said compromise has already been verified by the learned court concerned and taking note 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.
8. In view of the aforesaid, the entire proceeding of Case No.54169 of 2023(State Vs. Jay Prakash and others) and charge sheet dated 16.05.2022, under sections 308, 323, 504, IPC against the applicant no.1 and under section 323, 504, IPC against the applicant nos.2 and 3, arising out of Case Crime No.92 of 2022, under sections 308, 323, 504, IPC, Police Station Kundarki, District Moradabad, pending in the court of Additional Chief Judicial Magistrate-4, Moradabad and to set-aside the impugned cognizance/summoning order dated 01.10.2023, passed by the Judicial Magistrate, Moradabad against the applicants, are hereby quashed.
9. The application u/s 482 Cr.P.C. is hereby allowed.
Order Date :- 19.8.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad