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2025 DAILYLAW 108812 (ALL)

NEERESH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/40745/2024 · 2025-07-28

Anish Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:125996 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.315) Court No. - 78 Case :- APPLICATION U/S 482 No. - 40745 of 2024 Applicant :- Neeresh And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dileep Kumar Shukla Counsel for Opposite Party :- Anil Kumar,G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Shri Dileep Kumar Shukla, learned counsel for the applicants, Shri Anil Kumar, learned counsel for opposite party no.2 and Shri Rajesh Kumar Gupta, learned AGA for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 23.10.2019 as well as the entire proceeding of Complaint Case No. 4422 of 2018 (Smt. Pushpa Vs. Neeresh & Ors.), under sections 323, 436, 452, 506 I.P.C., Police Station Dhanari, District Sambhal, pending in the court of Chief Judicial Magistrate, Sambhal at Chandausi. 3. Learned counsel for the applicants submits that the applicants and the opposite party no.2 are family members. There was some family dispute between the parties, due to which the instant complaint has been lodged by the opposite party no.2 against the applicants. During the pendency of the proceedings before the trial court, the parties have settled their dispute amicably and a compromise was executed between the parties on 17.09.2024 and the same was placed on record along with the application dated 17.09.2024 before the trial court concerned. Vide order dated 06.05.2025, this Court had directed the parties to appear before the trial court for verification of the compromise executed between the parties. As per the report received from ACJM, Chandausi dated 21.05.2025, the parties appeared before the trial court concerned on 19.01.2025 and the compromise has been duly verified in presence of the parties. Therefore, learned counsel for the applicants seeks quashing of the entire proceedings on the basis of compromise arrived at between the parties. 4. Learned counsel for the opposite party no. 2 does not dispute the aforesaid facts and supports the prayer for quashing of the entire proceeding against the applicants herein. 5. In view of the aforesaid facts, learned AGA also does not oppose the prayer for quashing of the entire proceeding of the instant case on the basis of compromise arrived at between the parties. 6. Having heard the submissions made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that there is a family dispute between the applicants and the opposite party no.2, which has been amicably settled between them, due to intervention of the elders and well wishers of both the parties and a compromise dated 17.09.2024 was between the parties, which was duly verified by the trial court pursuant to the order dated 06.05.2025 passed by this Court. 7.In view of the settlement / compromise, which has been duly verified and peace will prevail between the parties, who are the family members, consequently, no fruitful purpose would be served by keeping the proceeding pending against the applicant. 8. In view thereof and in the light of the judgements of the Apex Court in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003)4 SCC 67, the instant application is allowed and the entire proceedings in Complaint Case No. 4422 of 2018 (Smt. Pushpa Vs. Neeresh & Ors.), under sections 323, 436, 452, 506 I.P.C., Police Station Dhanari, District Sambhal, pending in the court of Chief Judicial Magistrate, Sambhal at Chandausi, are hereby quashed. Order Date :- 29.7.2025 Ashish Pd. (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad