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2025 DAILYLAW 13900 (ALL)

KAILASH RAI AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

A482/38111/2013 · 2025-09-03

Avnish Saxena

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 38111 of 2013 Court No. - 79 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Harish Chandra Mishra, learned counsel for the applicants, Sri Rajendra Prasad Maurya, learned counsel for the opposite party nos.2 and learned A.G.A. for State. 2. The instant application under Section 482 Cr.P.C. has been moved with a prayer to quash the entire proceeding of the Case No.755 of 2013, arising out of Case Crime No.13 of 2013, under Sections 147, 148, 149, 323, 452, 504, 506 IPC and Section 3(1)(X) SC/ST Act, P.S. Baruasagar, District Jhansi. 3. Sri Mishra submits that the parties are neighbours, due to some dispute, the FIR has been registered against the applicant by opposite party no.2 in the year 2013. The parties have buried their hatchet and entered into compromise. The compromise is filed along with supplementary affidavit dated 07.05.2023, relevant at page no.9, which is verified by the court. 4. Sri Maurya admits the factum of compromise. 5. Learned AGA is present for the State-opposite party no.1. 6. By order dated 25.01.2023, this Court has sent the compromise entered into between the parties for verification to the trial court. 7. The Special Judge, SC/ST Act, by letter dated 24.02.2023 has intimated this Court that the compromise entered into between the parties is verified. The matter is compoundable. Versus Counsel for Applicant(s) : Harish Chandra Mishra Counsel for Opposite Party(s) : Rajendra Prasad Maury Kailash Rai And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 8. There is no point in getting the trial continued, when the parties have buried their differences as the star witness would not support the prosecution case. 9. Thus, the charge sheet and the proceeding arose out of case crime number mentioned above is hereby quashed. Consequently, the proceedings of trial also quashed. 10. The application u/s 482 Cr.P.C. is allowed accordingly. September 4, 2025 Abhishek Sri. A482 No. 38111 of 2013 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad