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2025 DAILYLAW 108624 (ALL)

KANCHAN KUMAR BARANWAL AND 2 OTHERS v. State of UP AND ANOTHER

A482/40369/2024 · 2025-07-13

Anish Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115383 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 74) Court No. - 78 Case :- APPLICATION U/S 482 No. - 40369 of 2024 Applicant :- Kanchan Kumar Baranwal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anshul Baranawal,V.K. Baranwal Counsel for Opposite Party :- G.A.,Gyan Prakash Ojha Hon'ble Anish Kumar Gupta,J. 1. Heard Sri V.K. Baranwal, learned counsel for the applicants, Sri Gyan Prakash Ojha, learned counsel for the opposite party no. 2 and Sri Om Prakash Mishra, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the entire criminal proceedings of Complaint Case No. 4773 of 2021 (Old No. 2487/2016) (Laxmi Yadav vs. Kanchan Kumar & others) under Section 406, 504, 506 IPC, Police Station-Kotwali Deoria, District- Deoria as well as the summoning order dated 24.02.2017. 3. Learned counsel for the applicants submits that the opposite party no. 2 was the employee of the applicants and there was a dispute with regard to payments to be made to opposite party no. 2 after termination of his services. With regard to same, the instant complaint case has been lodged by opposite party no. 2. During the pendency of aforesaid complaint case, the parties have arrived at settlement and on the basis of which the instant application has been filed seeking quashing of the entire proceedings. 4. Vide order dated 18.4.2025, this Court had directed the parties to appear before the trial court for verification of compromise. As per the said order, vide order dated 22.5.2025, the Additional Chief Judicial Magistrate, Room No. 19, Deoria has verified the said compromise arrived at between the parties. In view thereof, learned counsel for the applicants as well as learned counsel for the opposite party no. 2 seeks quashing of the entire proceedings of the complaint case lodged by opposite party no. 2 against the applicants. 5. In view of the nature of controversy involved and settlement thereof, learned A.G.A. do not oppose the quashing of the proceedings of the instant case. 6. Having heard the rival submissions made by learned counsel for the parties, this Court has carefully gone through the records of the case. 7. In the instant case, the dispute between the parties was with regard to payment of arrears of salary etc. to the opposite party no. 2. The parties have amicably settled their dispute and differences to their satisfaction. In view thereof, the parties have filed a compromise before the trial court concerned, which has been duly verified by the trial court pursuant to the order dated 18.4.2025 passed by this Court. Therefore, certified copy of the order dated 22.5.2025 verifying the compromise has been annexed as Annexure- SA-1 to the second supplementary affidavit filed by the applicants. 8. In view of the aforesaid, in the considered opinion of this Court, no fruitful purpose would be served in keeping the criminal proceedings pending against the applicants. 9. Accordingly, the instant application is allowed and the proceedings of Complaint Case No. 4773 of 2021 (Old No. 2487/2016) (Laxmi Yadav vs. Kanchan Kumar & others) under Section 406, 504, 506 IPC, Police Station-Kotwali Deoria, District-Deoria, are hereby quashed. Order Date :- 14.7.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad