Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 42872 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J.
1. The matter is taken up on mentioning. 2. Heard Shri Rohit Kumar Singh holding brief of Sri Ashok Kumar Singh Bais, learned counsel for the applicants, Sri Sandeep Kumar Srivastava, learned counsel for the opposite party no. 2 and Sri B.P. Singh, learned AGA for the State. 3. Instant application has been preferred for quashing the entire proceeding of Criminal Case No. 8774 of 2023, arising out of the impugned charge sheet dated 12.6.2023 submitted in connection with Case Crime No. 164 of 2023, under sections 323, 308 IPC, P.S. Kotwali Mandi, District Saharanpur as well as impugned cognizance order dated 4.7.2023 passed by learned C.J.M. Saharanpur on the basis of compromise took place between the parties. It is also prayed to stay the further proceeding of aforesaid case during pendency of the present application. 4. It is contended by learned counsel for the applicants that both the parties have amicably settled all the disputes and they have agreed for withdrawal of all cases, including present case, pending between the parties and the same has been verified by the court concerned. A report regarding the same is available on record. It is further submitted 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 Versus Counsel for Applicant(s) : Ashok Kumar Singh Bais Counsel for Opposite Party(s) : Sandeep Kumar Srivastava, G.A. Rahil And 3 Others .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s)
between the parties. 5. Learned A.G.A. for the State as well as learned counsel for the opposite party no. 2 has no objection. 6. I have considered the submissions and perused the record. 7. Both the parties have amicably settled all the disputes and they have agreed for withdrawal of all cases, including present case, pending between the parties and the same has been verified by the court concerned. A report regarding the same is available on record. 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 entire criminal proceeding of Criminal Case No. 8774 of 2023, arising out of the impugned charge sheet dated 12.6.2023 submitted in connection with Case Crime No. 164 of 2023, under sections 323, 308 IPC, P.S. Kotwali Mandi, District Saharanpur as well as impugned cognizance order dated 4.7.2023 passed by learned C.J.M. Saharanpur, against applicants, are hereby quashed. 9. The application is allowed. September 9, 2025 SY A482 No. 42872 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad