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2025 DAILYLAW 106561 (ALL)

RAMKISHAN @ HAPPY GURJAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/37813/2024 · 2025-09-07

Yogesh Dubey Joint Registrar Judicial

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 37813 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Supplementary affidavit filed by on behalf of applicant is taken on record. 2. Heard Shri V.K.Shukla, Advocate holding brief of Shri Harishchandra, learned counsel for the applicants, Shri Shushil Kumar, learned counsel for opposite party no. 2 and Shri B.P. Maurya, learned AGA for the State. 3. This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including proceedings of Criminal Case No.2171 of 2023 (State Vs. Ramkishan @ Happy Gurjar and others), arising out of Case Crime No.53 of 2023, under Sections 323, 354, 452, 504, 506 IPC, P.S. Crossing Republic, District Ghaziabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No.2, Ghaziabad, on the basis of compromise arrived at between the parties. 4. 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 has been filed along with the supplementary affidavit which is filed as Annexure SA-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. 5. 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. Versus Counsel for Applicant(s) : Harish Chandra Counsel for Opposite Party(s) : Shushil Kumar, G.A. Ramkishan @ Happy Gurjar And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. In view of the fact that applicants and opposite party no.2 have entered into compromised and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise is already on the record 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. 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. 7. In view of the aforesaid, the impugned charge-sheets/cognizance- summoning order and entire proceedings of Case Crime No.53 of 2023, under Sections 323, 354, 452, 504, 506 IPC, P.S. Crossing Republic, District Ghaziabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No.2, Ghaziabad, against the applicants, are hereby quashed. 8. The application u/s 482 Cr.P.C. is allowed. September 8, 2025 RKM A482 No. 37813 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad