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Neutral Citation No. - 2025:AHC:141273
Court No. - 89 Case :- APPLICATION U/S 482 No. - 38788 of 2024 Applicant :- Saket Rai And Another Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Ashish Gupta Counsel for Opposite Party :- Ankit Singh,G.A. Hon'ble Jitendra Kumar Sinha,J.
1. Heard Mr. Ashish Gupta, learned counsel for the applicants, Mr. Dileep Kumar, Advocate holding brief of Mr. Ankit Singh, learned counsel for opposite party nos. 2 & 3 and Mr. Shiv Datt Shukla, learned AGA for the State. 2. The present application has been filed with prayer to quash entire proceedings of Case No.- 539 of 2018 (State Vs. Saket Rao and others) arising out of Case Crime No.- 98 of 2017 under Section 307/34 I.P.C., P.S- Kandhrapur, District- Azamgarh pending in the Court of learned Additional Sessions Judge, Court No.-6, Azamgarh on the basis of compromise. 3. It has been submitted by learned counsel for the applicant that the applicant and opposite party nos. 2 & 3 have entered into compromise and they have amicably settled all the disputes on the basis of compromise. The compromise has already been verified by learned court concerned and report of proceedings of verification of compromise is on record. Learned counsel for the applicants submits that though the case is of Section 307 I.P.C. but the injury sustained by the injured is not on the vital part. It was submitted that the complainant does not want to pursue the impugned proceedings. 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 counsel for the opposite party nos. 2 & 3 has concurred with the arguments of learned counsel for the applicant and submitted that both the parties have amicably settled the dispute and compromised the matter and the complainant/ opposite party no.2 does not want to proceed with the case pending before the trial court and the impugned proceedings may be quashed. 5. Learned A.G.A. has no objection if parties compromise the matter. 6. I have considered the submissions and perused the record. 7. It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise.
In the instant case it was submitted that both the parties have settled all the disputes and compromised the matter. It was submitted on behalf of both the parties that impugned proceedings may be quashed on the basis of compromise between the parties. 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 counter affidavit of opposite party no.2 is also on record, wherein it has been stated that the impugned proceedings may be quashed. 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. 8. In view of the aforesaid, the impugned charge- sheets/cognizance-summoning order and entire proceedings of Case No.- 539 of 2018 (State Vs. Saket Rao and others) arising out of Case Crime No.- 98 of 2017 under Section 307/34 I.P.C., P.S- Kandhrapur, District- Azamgarh pending in the Court of learned Additional Sessions Judge, Court No.-6, Azamgarh against applicant, namely, Saket Rai and Dhananjay Rai are hereby quashed. 9. The application u/s 482 Cr.P.C. is allowed. Order Date :- 18.8.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad