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2025 DAILYLAW 131622 (ALL)

MOOLCHANDRA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/2838/2025 · 2025-04-03

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18638 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2838 of 2025 Applicant :- Moolchandra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sudhir Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Mr. Shivam Awasthi, Advocate has filed Vakalatnama on behalf of opposite party no. 2 today in Court is taken on record. 2. Heard learned counsel for applicant, learned A.G.A. for the State, learned counsel for opposite party no. 2 and perused the material available on record. 3. By means of this petition under Section 482 Cr.P.C., the applicant has prayed following reliefs:- "to pass an order or direction for quashing of summoning order dated 10.05.2024 passed by learned Judicial Magistrate, Purva, Unnao in Criminal Complaint No. 1320 of 2022 under Section 406 IPC, Police Station Maurawan, District Unnao" 4. At the very outset, learned counsel for applicant has submitted that the dispute between the parties has been amicably settled and the parties have entered into a compromise (by means of compromise deed dated 16.01.2025), which has been verified by the trial court on 05.02.2025 in compliance of order passed by this Court on 30.01.2025 in Case:- Application U/s 482 No. 744 of 2025. 5. Learned counsel for opposite party no. 2 does not dispute the correctness of the submission made by learned counsel for applicant or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid are quashed. 6. Learned counsel for applicant in support of his contention has placed reliance on the judgments of Hon'ble Apex Court in the case of Narinder Singh Vs. State of Punjab reported in (2014) 6 SCC 466, Yogendra Yadav Vs. State of Jharkhand reported in (2014) 9 SCC 653 and Parbatbhai Aahir Vs. State of Gujarat reported in (2017) 9 SCC 641 and has submitted that the applicant and opposite party no. 2 have settled through compromise their private and civil disputes and as such opposite party no. 2 does not wish to press the aforesaid case against the applicant. Opposite party no. 2 is ready to withdraw the prosecution of the applicant and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 7. From perusal of the record, it is apparent that the parties have entered into compromise and have settled their dispute amicably and it is highly doubtful if the ingredients of the offence as alleged are made out. 8. Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties regarding the compromise entered into between the parties. Taking all these factors into consideration cumulatively, the compromise between the parties be accepted and further taking into account the legal position as laid down by the Apex Court in the case of Narinder Singh Vs. State of Punjab (supra), Yogendra Yadav Vs. State of Jharkhand (supra) and Parbatbhai Aahir Vs. State of Gujarat (supra) the entire proceedings of the aforesaid case is hereby quashed. 8. With the aforesaid observations/directions, the present 482 Cr.P.C. petition stands allowed. . (Alok Mathur, J.) Order Date :- 3.4.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench