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2025 DAILYLAW 108854 (ALL)

GYANENDRA BROTHERS v. State of U.P. AND ANOTHER

A482/40773/2024 · 2025-04-04

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49492 Court No. - 71 Case :- APPLICATION U/S 482 No. - 40773 of 2024 Applicant :- Gyanendra Brothers Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neetu Singh,Rajan Tripathi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned counsel for the opposite party no.2 and learned AGA for the State. 2. This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings of Complaint Case No. 3771 of 2016 (M/s A.J. Brothers & Company v. Gyanendra Brothers and Company), under Sections 406, 420 I.P.C., Police Station- Anwarganj, District- Kanpur Nagar, pending in the court of learned Metropolitan Magistrate- 5th, Kanpur Nagar, on the basis of compromise arrived at between the parties. 3. It is submitted by learned counsel for the applicants that dispute between the parties relates to business transaction and now both the parties have amicably settled their dispute and the entire dues of opposite party no.2 has been paid. In pursuance of order of this Court, both the parties have filed compromise before the Trial Court which has duly been verified. The report of compromise is on record. 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 AGA has no objection if the parties compromised the matter. 5. I have considered the submissions and perused the record. 6. It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise. In the instant case, the matter relates to business transaction. If parties compromise the matter, it would not have adverse impact on society. The complainant of the case does not want to pursue the impugned proceedings. There is nothing to indicate that parties have any criminal antecedents. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed. 7. In view of the aforesaid, entire impugned proceedings of the aforesaid case against applicant are hereby quashed. 8. The application u/s 482 Cr.P.C. is allowed. Order Date :- 5.4.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad