Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:132766 Court No. - 72 Case :- APPLICATION U/S 482 No. - 43738 of 2024 Applicant :- Daya Shanker Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aashirwad Mishra,Sanjay Kumar Mishra Counsel for Opposite Party :- Amrita Singh,G.A. Hon'ble Deepak Verma,J.
1. Supplementary affidavit filed today is taken on record, by which the applicant has filed verification report dated 08.05.2025.
2. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.
3. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No.2304 of 2008 (State vs. Daya Shankar Mishra) arising out of Case Crime No.125 of 2008, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Kotwali Padrauna, District Kushinagar, pending in the court of Chief Judicial Magistrate, Kushinagar at Padrauna, in terms of compromise dated 19.07.2024.
4. Instant application has filed to quash the proceeding on account of compromise entered between the parties. Learned counsel for the applicants submits that the applicants and opposite party no.2 have amicably settled the dispute out of Court in terms of compromise dated 19.07.2024. It is next submitted that the applicants filed 482 application before this Court to quash the proceedings as both the parties have amicably settled the dispute out of the court. This Court vide order dated 01.04.2025 directed the parties to appear before the court below for verification of compromise dated 19.07.2024 (Annexure 5 to the affidavit). The
order dated 01.04.2025 is being quoted below:-
"Ms. Amrita Singh, Advocate, filed vaklatnama along with short counter affidavit on behalf of the Opposite Party No.2 is taken on record. Office is directed to show his name as counsel for the Opposite Party No.2 in the next cause list
Learned counsel for both the parties jointly submitted that parties have settled their dispute with regard to the offences punishable
under Sections 419, 420, 467, 468 and 471 of IPC on the basis of compromise dated 19.7.2024. The certified copy of the compromise is on record as Annexure No.5 to the affidavit. Both the parties are directed to appear before the Trial Court within six weeks from today. Trial Court is directed to verify the aforesaid compromise. Applicant is directed to file certified copy of the verified compromise as well as verification report to this Court by the next date of listing. Put up this case on 30.07.2025, as fresh. Till the next date of listing, further proceedings of Criminal Case No. 2304 of 2008 (State v. Daya Shanker Mishra), arising out of Case Crime No. 125 of 2008, under Sections 419, 420, 467, 468 and 471 of IPC, Police Station Kotwali, District Padrauna, pending in the Chief Judicial Magistrate, Kushinagar at Padrauna, shall remain stayed against the applicant.."
5. Pursuant to the said order dated 01.04.2025, the parties appeared before the court below and after due verification of the parties and contents of the compromise made between them, the court below vide order dated 08.05.2025 has passed the verification order. A copy of the same is annexed as Annexure SA-1 to the supplementary affidavit. 6. Learned counsel for the applicant has submitted that the applicant and opposite party no.2 have settled their private and civil dispute through compromise and as such opposite party no.2 do not wish to press the aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 7. In view of the facts and circumstances of the case, the applicants and opposite party no.2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further. 8. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors.
vs. State
of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceeding of Criminal Case No.2304 of 2008 (State vs. Daya Shankar Mishra) arising out of Case Crime No.125 of 2008, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Kotwali Padrauna, District Kushinagar, pending in the court of Chief Judicial Magistrate, Kushinagar at Padrauna, is hereby quashed. 9. The application under Section 482 Cr.P.C is accordingly allowed.
Order Date :- 6.8.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad