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2025 DAILYLAW 112310 (ALL)

RAM SWAROOP SHARMA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/43710/2024 · 2025-08-11

Yogesh Dubey Joint Registrar Judicial

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Judgment text

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Neutral Citation No. - 2025:AHC:136645 Court No. - 89 Case :- APPLICATION U/S 482 No. - 43710 of 2024 Applicant :- Ram Swaroop Sharma And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Vishvakarma Counsel for Opposite Party :- G.A.,Roopesh Srivastava Hon'ble Jitendra Kumar Sinha,J. 1. Supplementary affidavit filed today on behalf of the applicants, is taken on on record. 2. Heard Sri Arun Kumar Vishvakarma, learned counsel for the applicants, Sri Roopesh Srivastava, learned counsel for the opposite party no.2, Sri P. P. Maurya, learned AGA for the State- opposite party no.1. 3. This application u/s 482 Cr.P.C. has been preferred for quashing of the entire criminal proceeding of Case No.1169 of 2011 (State Vs. Ram Swaroop Sharma and Others) as well as charge sheet dated 17.01.2008, summoning/cognizance order dated 31.03.2008, passed in Case No.1169 of 2011, arising out of Case Crime No. 902 of 2007, under Sections 323, 504, 506, 324 of IPC, Police Station- Kotwali Mathura District Mathura, pending in the Court of Additional Chief Judicial Magistrate, Court no.1, Mathura, on the basis of compromise done between the parties dated 29.02.2024. 4. It is contended by learned counsel for the applicants that the applicants and opposite party no.2 have entered into compromise and the said compromise has been verified by the learned court concerned. Supplementary affidavit filed on behalf of the applicants today in the Court, annexing the proceeding of compromise. Learned counsel for the applicants prays that in view of the compromise arrived at between the applicants and opposite party no.2, the proceedings of the aforesaid case be quashed. 5. Learned AGA for the State as well as learned counsel for the opposite party no.2 have no objection to the above submissions of learned counsel for the applicants. 6. In view of the fact that matter has been compromised between the applicants and opposite party no.2 and said compromise has been verified by the learned court concerned and taking note of the law laid down by Hon'ble Supreme Court 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. 7. In view of the aforesaid, the entire criminal proceeding of Case No.1169 of 2011 (State Vs. Ram Swaroop Sharma and Others) as well as charge sheet dated 17.01.2008, summoning/cognizance order dated 31.03.2008, passed in Case No.1169 of 2011, arising out of Case Crime No. 902 of 2007, under Sections 323, 504, 506, 324 of IPC, Police Station- Kotwali Mathura District Mathura, pending in the Court of Additional Chief Judicial Magistrate, Court no.1, Mathura, are hereby quashed. 8. The application u/s 482 Cr.P.C. is allowed. Order Date :- 12.8.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad