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2025 DAILYLAW 112279 (ALL)

SHIVAM DUBEY AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

A482/44145/2024 · 2025-08-11

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137233 Court No. - 89 Case :- APPLICATION U/S 482 No. - 44145 of 2024 Applicant :- Shivam Dubey And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajiv Kumar Mishra,Sandeep Singh Counsel for Opposite Party :- Abhishek Kumar Tiwari,G.A.,Rajesh Kumar Hon'ble Jitendra Kumar Sinha,J. 1. Supplementary affidavit filed today on behalf of the applicants, is taken on record. 2. Heard Sri Rajiv Kumar Mishra, learned counsel for the applicants, Sri Rajesh Kumar, learned counsel for opposite party nos. 2,3, and 4 and learned AGA for the State. 3. This application u/s 482 Cr.P.C. has been preferred for quashing the entire criminal proceedings arising out of Case No. 2225 of 2022, Charge sheet dated 04.12.2021 arising out of F.I.R.dated 22.06.2021 having Case Crime No. 120 of 2021, under Sections 147,148, 149, 323, 504, 506, 427, 308 and 325 I.P.C., Police Station Suriyawan, District Bhadohi, pending before the learned Judicial Magistrate-1, Bhadohi on the basis of compromise arrived at between the parties. 4. It has been submitted by learned counsel for the applicants that in pursuance to the order passed by this Court on 27.02.2024 in an application under Section 482 Cr. P.C. No. 627 of 2024, the applicants and opposite party nos. 2,3, and 4 have entered into compromise and the statement of applicants and opposite party nos. 2,3, and 4 have been recorded by the learned trial court. Certified copy of the statements and order sheet have been filed with the supplementary affidavit. He further submitted that in view of the above, the applicants and opposite party nos. 2,3 and 4 have compromised the matter in Case No. 2225 of 2022, Charge sheet dated 04.12.2021 arising out of F.I.R.dated 22.06.2021 having Case Crime No. 120 of 2021, under Sections 147,148, 149, 323, 504, 506, 427, 308 and 325 I.P.C., Police Station Suriyawan, District Bhadohi, pending before the learned Judicial Magistrate-1, Bhadohi be quashed. 5. On the other hand learned A.G.A. and learned Counsel for the opposite party nos. 2,3, and 4 have no objection in this regard. 6.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 nos.2,3 and 4 do not want to proceed with the case pending before the trial court and the impugned proceedings may be quashed. 7. I have considered the submissions and perused the record. 8. Since the matter has been compromised between the applicants and opposite party nos. 2,3, and 4 and statement in this regard have already been recorded by the learned trial court, certified copy of which have been filed with the supplementary affidavit. If parties compromise the matter, it would not have adverse impact on society. There is nothing to indicate that parties have any criminal antecedents. 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, criminal proceedings arising out of Case No. 2225 of 2022, Charge sheet dated 04.12.2021 arising out of F.I.R.dated 22.06.2021 having Case Crime No. 120 of 2021, under Sections 147,148, 149, 323, 504, 506, 427, 308 and 325 I.P.C., Police Station Suriyawan, District Bhadohi, pending before the learned Judicial Magistrate-1, Bhadohi are hereby quashed. 10. The application u/s 482 Cr.P.C. is allowed. Order Date :- 12.8.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad