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2025 DAILYLAW 125497 (ALL)

RAM PRASAD AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/1752/2025 · 2025-02-28

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12097 Court No. - 16 Case :- APPLICATION U/S 482 No. - 1752 of 2025 Applicant :- Ram Prasad And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Jai Vardhan Srivastava Counsel for Opposite Party :- G.A., Malik Meraj Ahmad Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicants and Mr. Malik Meraj Ahmad, learned counsel appearing on behalf of private respondent who has filed vakalatnama today in court which is taken on record, as also learned A.G.A.. 2.By means of present petition, the petitioners have prayed for quashing of entire proceedings of complaint case No.1603 of 2015 under sections 379, 323, 506 I.P.C., P.S. Achalganj, district Unnao (Amar Chandra versus Suresh and others), pending in the court of Addl. Chief Judicial Magistrate-II, Unnao as also summoning order dated 29.3.2016. 3.Learned counsel for the petitioners submits that the parties have entered into compromise outside the court. On the basis of compromise which is on record, a petition under section 482 CrPC, bearing No. 6231 of 2016 was filed by the petitioners. The said petition has been disposed of vide order dated 13.9.2024 whereby, the trial court was directed to verify the compromise in presence of the parties. In compliance of the said order, the parties have appeared before the trial court and the learned Magistrate has verified the compromise in the presence of the parties vide order dated 7.10.2024 (page 16 of the paper book). 4.It is submitted on behalf of the petitioners that the dispute between the petitioners and private respondent has been amicably settled by way of compromise, which has been verified under orders of this Court. Therefore, the impugned proceedings are liable to be quashed. Learned counsel has relied on judgment of Supreme Court in Ramawatar versus State of M.P. 2021 SCC OnLine SC 966, (2012)10 SCC 303 Gian Singh versus State of Punjab and another and (2014)6 SCC 466 Narinder Singh and others versus State of Punjab and another and Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and others versus State of Gujarat and another (2017)9 SCC 641. 5.Learned counsel for respondent No.2 concedes the arguments advanced by petitioners' counsel. 6.On due consideration to the submission(s) of parties' counsel, the compromise entered into between the parties as well as the verification report, the judgment in aforesaid cases and perusal of the record, this Court is of the view that the impugned proceedings are liable to be and are hereby quashed. 7.The petition is accordingly disposed of. Order Date :- 28.2.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench