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2025 DAILYLAW 111128 (ALL)

RAHIS AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/43428/2024 · 2025-08-12

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137782 Court No. - 89 Case :- APPLICATION U/S 482 No. - 43428 of 2024 Applicant :- Rahis And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adil Jamal,Shabeh Jamal Counsel for Opposite Party :- G.A.,Sandeep Kumar Chandan Hon'ble Jitendra Kumar Sinha,J. 1. Heard Mr. Adil Jamal, learned cousnel for the applicants, Mr. Sandeep Kumar Chandan, learned counsel for the opposite party no. 2 and Mr. B.P. Singh, learned AGA for the State. 3. Instant application has been filed with the prayer to quash the entire proceeding of Session Trial No. 460 of 2022 (State of U.P. vs. Rahis and others) arising out of Case Crime No. 925 of 2020, u/s 452, 323, 308, 504, 506 & 325 IPC, P.S. Katghar, District Moradabad, pending in the court of Additional District and Session Judge, Court No. 6, Moradabad on the basis of compromise dated 20.09.2024 and further prayed to stay the aforesaid proceeding. 4. It is contended by the learned counsel for the applicants that the applicants and the opposite party no. 2 have entered into compromise and the compromise has already been verified by the court concerned and the proceedings of the compromise have been annexed with the supplementary affidavit which is on record. It is further 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. 5. Learned counsel for the opposite party no.2 has concurred with the arguments of learned counsel for the applicants 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. 6. Learned A.G.A. has no objection if parties compromise the matter. 7. I have considered the submissions and perused the record. 8. It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise. In the instant case, matter relates to civil dispute and it was submitted that both the parties have settled all the disputes and compromised the matter. The dispute between the parties is civil in nature and 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. 9. In view of the aforesaid, the entire proceeding of Session Trial No. 460 of 2022 (State of U.P. vs. Rahis and others) arising out of Case Crime No. 925 of 2020, u/s 452, 323, 308, 504, 506 & 325 IPC, P.S. Katghar, District Moradabad, pending in the court of Additional District and Session Judge, Court No. 6, Moradabad, against applicants, namely, Rahis, Najim, Waseem and Alauddin are hereby quashed. 10. The application u/s 482 Cr.P.C. is allowed. Order Date :- 13.8.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad