SHIVAL VIDHUDI AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
A482/42867/2024 · 2025-09-09
Yogesh Dubey Joint Registrar Judicial
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111237 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111237 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 42867 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J.
1. The matter has been taken up as mentioned cases. 2. Heard Mr. Vivek Kumar Srivastava, learned counsel for the applicants, Mr. Abhishek Tandon, learned counsel for opposite party no. 2 and Mr. B.P. Singh, learned AGA for the State. 3. The present application has been filed with prayer to quash entire proceedings of Case No.- 8301 of 2024 (State Vs. Mayank Vidhudi and others) arising out of Case Crime No.- 58 of 2024 under Sections 147, 308, 323, 506 I.P.C., P.S- Phase-2, District- Gautam Budh Nagar, pending in the Court of learned Civil Judge (S.D.)/F.T.C./Additional Chief Judicial Magistrate, Gautam Budh Nagar on the basis of compromise. 4. It has been submitted by learned counsel for the applicants that the applicants and opposite party no.2 have entered into compromise and they have amicably settled all the disputes on the basis of compromise. The compromise has already been verified by learned court concerned and report of proceedings of verification of compromise is on record. It was submitted that the complainant does not want to pursue the impugned proceedings. 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. 5. Learned A.G.A. has no objection if parties compromise the matter. 6. I have considered the submissions and perused the record. Versus Counsel for Applicant(s) : Sunny Srivastava, Vivek Kumar Srivastava Counsel for Opposite Party(s) : Manu Srivastava Shival Vidhudi And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
7. It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise. In the instant case it was submitted that both the parties have settled all the disputes and compromised the matter. 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. 8. In view of the aforesaid, the impugned charge-sheets/cognizance- summoning order and entire proceedings of Case No.- 8301 of 2024 (State Vs. Mayank Vidhudi and others) arising out of Case Crime No.- 58 of 2024 under Sections 147, 308, 323, 506 I.P.C., P.S- Phase-2, District- Gautam Budh Nagar, pending in the Court of learned Civil Judge (S.D.)/F.T.C./Additional Chief Judicial Magistrate, Gautam Budh Nagar, against applicants, namely, Shival Vidhudi, Mayank Vidhudi, Manu @ Monu, Najaf and Rohit are hereby quashed. 9. The application u/s 482 Cr.P.C. is allowed. September 10, 2025 Virendra A482 No. 42867 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad