MAHENDRA PASWAN AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
A482/3129/2025 · 2025-07-07
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13302 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13302 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:108582 Court No. - 71 Case :- APPLICATION U/S 482 No. - 3129 of 2025 Applicant :- Mahendra Paswan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anchal Kumar Rao Counsel for Opposite Party :- G.A.,Vipul Kumar 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 CrPC has been filed with the prayer to quash the entire proceedings, including charge-sheet dated 12.05.2023 as well as summoning order dated 11.07.2023, of Criminal Case No. 48766 of 2023 (State v. Kundan and others), arising out of Case Crime No. 573 of 2022, under Sections 352, 504, 506, 419, 420, 406 of IPC, Police Station Gagaha, District Gorakhpur, pending in the court of Civil Judge (S.D.), Court No.4, Gorakhpur 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 informant of the case does not want to pursue the impugned proceedings. Essentially, the dispute between the parties relates to property. In pursuance of order dated 27.02.2025, passed by this Court, both the parties have filed compromise before the trial court, which has duly been verified vide order dated 08.05.2025, the certified copy of the same is available on record. It was submitted that in view of aforesaid 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 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 of this case does not want to proceed with the case pending before the trial court and thus, 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 by invoking inherent powers enshrined under Section 482 CrPC. In the instant case the dispute between the parties relates to property. If parties compromise the matter, it would not have adverse impact on society. The informant of the case does not want to pursue the impugned proceedings. 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 facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed. 8. In view of the aforesaid, the entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case, against applicants, namely, Mahendra Paswan, Alka Chaudhary, Gudiya, Haushila Chaudhary and Shakuntala
Chaudhary are hereby quashed. 9. The application u/s 482 CrPC is allowed. Order Date :- 8.7.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad