RAZA MOHAMMAD AND 5 ORS. v. STATE OF U.P. AND ANR.
A482/6883/2020 · 2025-01-15
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11907 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11907 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:6713 Court No. - 73 Case :- APPLICATION U/S 482 No. - 6883 of 2020 Applicant :- Raza Mohammad And 5 Ors. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Jai Bahadur Singh,P.K. Singh Counsel for Opposite Party :- G.A.,Rajpal Singh Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned AGA for the State.
2. This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings of Criminal Case No. 4063 of 2015 (State Vs. Raza Mohammad and others), arising out of Case Crime No.516 of 2012, under Sections 147, 323, 504 IPC, P.S. Kotwali, District Fatehpur, pending in the court of Chief Judicial Magistrate, Fatehpur, on the basis of compromise arrived at between the parties.
3. It has been submitted by learned counsel for the applicants that the alleged dispute between the parties has taken place due to misconception and that now both the parties have amicably settled the dispute and the informant and injured do not want to pursue the impugned proceedings. In alleged incident, no one has sustained any serious injury and that alleged incident took place at the spur of moment. It was submitted that the compromise filed by the parties before the trial court concerned, has already been verified by the court concerned, copy of which is on record. 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.
4. Learned counsel for the opposite party no.2 /informant 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 informant/
injured does not want to proceed with the case pending before the trial court and the impugned proceedings may be quashed.
5. Learned A.G.A. has no objection if parties compromise the matter.
6. I have considered the submissions and perused the record.
7. It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise. In the instant case, the dispute between the parties is private in nature. 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 informant/ injured does not want to pursue the impugned proceedings. The compromise filed by the parties before the trial court, has already been verified by the court concerned. 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, entire impugned proceedings of the aforesaid case, against applicants, namely, Raza Mohammad, Vinay Tiwari, Mohammad Sadaf, Mohammad Rahat @ Mohammad Ayas, Saddu @ Fazal Islam & Humayun @ Ainul Abdeen are hereby quashed.
9. The application u/s 482 Cr.P.C. is allowed.
Order Date :- 15.1.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad