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Neutral Citation No. - 2025:AHC:20104 Court No. - 73 Case :- APPLICATION U/S 482 No. - 3052 of 2025 Applicant :- Dinesh And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jaysingh Yadav Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants and learned AGA for the State.
2. This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including summoning order dated 18.09.2020, of Complaint Case No.230 of 2019 (Sendpal @ Senpal Vs. Dinesh and 6 Others), under Sections 395, 323, 506 IPC, P.S. Talbehat, District Lalitpur, pending in the court of Special Judge (D.A.A.), Lalitpur, on the basis of compromise arrived at between the parties.
3. It has been argued by the 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 complainant of the case and injured do not want to pursue the impugned proceedings. In the alleged incident no one has sustained any injury. Earlier, they have filed an application under Section 482 Cr.P.C. for quashing of summoning
order on the basis of compromise, which was decided by this Court vide order dated 04.09.2024 passed in Application under Section 482 Cr.P.C. No.20023 of 2020 and trial Court concerned was directed to verify the compromise filed by the parties. In pursuance to said order, compromise filed before the trial Court
concerned, has been duly verified. The certified copy of the report of verification has been annexed as annexure no.2 to this application. It was submitted that in view of these facts, the impugned proceedings may be quashed on the basis of compromise.
4. Learned A.G.A. has no objection if parties compromise the matter.
5. I have considered the submissions and perused the record.
6. It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise. In the instant case, though applicants were also summoned for offence under Section 395 IPC but in this connection merely a vague allegation was made. It appears that no prima-facie case under Section 395 IPC is made out. The matter relates to private dispute between the parties. 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 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.
7. In view of the aforesaid, entire impugned proceedings, including summoning order of the aforesaid case against applicants, namely, Dinesh, Badam, Kalyan, Durg Singh, Kashiram & Bahadur are hereby quashed.
8. The application u/s 482 Cr.P.C. is allowed.
Order Date :- 11.2.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad