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Neutral Citation No. - 2025:AHC:125965 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.317) Court No. - 78 Case :- APPLICATION U/S 482 No. - 43696 of 2024 Applicant :- Kallu Soni Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A.,Lakshman Singh Hon'ble Anish Kumar Gupta,J.
1. Heard Shri Sushil Kumar, learned counsel for the applicant, Shri Ram Govind, Advocate holding brief of Sri Lakshman Singh, learned counsel for opposite party no.2 and Shri Rizwan Ahmad, learned AGA for the State. 2. The present application under Section 482 Cr.P.C. has been filed for quashing of the Complaint Case No. 02 of 2018 (Ramsingh Vs. Kallu Soni), Sessions Trial No.08 of 2024, under sections 323, 506, 392 I.P.C., Police Station Kotwali Orai, District Jalaun, pending in the court of learned Additional Sessions Judge/Special Judge (D.D.A.), District Jalaun at Orai. 3. Learned counsel for the applicant submits that there was a dispute with regard to some financial transactions between the parties and during the pendency of the proceedings before the court below, the parties have settled their disputes amicably to the satisfaction of each other and due to the said settlement, the proceedings initiated by the opposite party no.2 under Section 138 of the Negotiable Instruments Act has also been withdrawn by the opposite party no.2. Vide order dated 06.05.2025, this Court had directed the parties to appear before the trial court concerned for verification of the compromise in the instant case, which has been duly verified by the trial court concerned vide order dated 19.05.2025. A report in this regard has been received from the Additional District and Sessions Judge/Special Judge (E.C. Act), Jalaun at Orai dated
20.05.2025. In view thereof, learned counsel for the applicant seeks quashing of the entire proceeding the instant case. 4. Learned counsel for the opposite party no.2 does not dispute the aforesaid facts. 5. Looking at the nature of dispute between the parties and execution of compromise and verification thereof, learned AGA
also supports the prayer for quashing of the the instant case in view of the said settlement/compromise between the parties. 6. Having heard the submissions so 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 was some financial dispute between the parties and the cheque issued by the applicant was also dishonoured. Subsequent thereto, the instant complaint case was also filed by the opposite party no.2. During the pendency of the instant case, the parties have settled their dispute and a compromise dated 07.12.2024 was executed between the parties by the trial court concerned vide order dated19.05.2025 in view of the order passed by this Court dated 06.05.2025. 7. In view of the above, nothing survives in the matter and 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 of Complaint Case No. 02 of 2018 (Ramsingh Vs. Kallu Soni), Sessions Trial No.08 of 2024, under sections 323, 506, 392 I.P.C., Police Station Kotwali Orai, District Jalaun, 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