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2025 DAILYLAW 132088 (ALL)

RAJ KUMAR MISHRA v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHERS

A482/2924/2025 · 2025-07-18

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41412 Court No. - 15 Case :- APPLICATION U/S 482 No. - 2924 of 2025 Applicant :- Raj Kumar Mishra Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Anothers Counsel for Applicant :- Dheeraj Awasthi Counsel for Opposite Party :- G.A.,Shailendra Kumar Mishra Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dheeraj Awasthi, the learned counsel for the applicant(s), Sri Ashok Srivastava, the learned AGA for the State, as well as Sri Shailendra Kumar Mishra, the learned counsel for the opposite party no. 2, and perused the record. 2. The instant application has been filed seeking quashing of the entire proceedings of Case No.508 of 2006 arising out of charge sheet dated 06.04.2006 filed in Case Crime No.027 of 2006 lodged at Police Station Maheshganj, District Pratapgarh, pending in the Court of learned Additional Chief Judicial Magistrate, Kunda Pratapgarh, so far as it relates to the applicant, quashing of the charge sheet as well as quashing of the order dated 18.05.2006 by means of which cognizance of the offence has been taken and the applicant has been summoned to face trial under Sections 380 and 411 IPC on the ground that the parties have arrived at a compromise/settlement. 3. Learned counsels for the parties submit that the parties have settled their dispute amicably outside the Court and they have arrived at a compromise. The compromise entered into between the parties have been placed on record as Annexure-4 to the application. The parties have confirmed the terms of the compromise. The compromise has been verified between the parties by means of an order dated 22.04.2025 passed by the trial Court which has been brought on record along with the supplementary affidavit. 4. The learned counsel for the opposite party no.2 has accepted the compromise and has supported the prayer for quashing of the proceedings. 5. The learned A.G.A. has raised a preliminary objection that besides the applicant, the trial is going on against another accused also and the compromise has been entered into between the informant and the applicant only. He has further submitted that as the informant has not entered into an agreement with both the accused persons in the present case, criminal proceedings cannot be quashed in piecemeal in respect of the applicant only in furtherance of the compromise. 6. Replying to the aforesaid objection, the learned counsel for the applicant has placed reliance on a decision rendered by a coordinate Bench of this Court in Khursheed and another Vs. State of U.P. and another in an application U/s 482 CrPC No.5525 of 2023 decided on 21.12.2023 wherein this Court referred numerous precedents on the point and held that an FIR/charge sheet/criminal proceedings can be quashed in parts also, in exercise of inherent power of this Court under Section 482 CrPC. 7. Therefore, in view of the law laid down by a coordinate Bench of this Court in the case of Khursheed and another (supra), there appears no legal bar against quashing of the criminal proceedings partially against the applicant only on the basis of a compromise entered into between the informant and the applicant. 8. Considering the ratio laid down by the Supreme Court in the cases of B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility. 9. 9. In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the instant application is allowed and the entire proceedings of Case No.508 of 2006, arising out of charge sheet dated 06.04.2006 filed in Case Crime No.027 of 2006 lodged at Police Station Maheshganj, District Pratapgarh, pending in the Court of learned Additional Chief Judicial Magistrate, Kunda, Pratapgarh, so far as it relates to the applicant, charge sheet as well as the order dated 18.05.2006 by means of which cognizance of the offence has been taken and the applicant has been summoned to face trial under Sections 380 and 411 IPC, are hereby quashed. Order Date :- 18.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench