ASHIQ @ ASIF AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/5906/2025 · 2025-07-24
Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152751 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152751 (ALL) · dailylaw.ai ]
Judgment text
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Court No. - 12 Case :- APPLICATION U/S 482 No. - 5906 of 2025 Applicant :- Ashiq @ Asif And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Tanuj Singh,Nitin Kumar Mishra,Sushil Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. Sri Ashok Kumar Shukla, Advocate filed vakalatnama on behalf of the respondent no.2, which is taken on record. Heard Sri Tanuj Sngh, learned counsel for the applicants, learned AGA and learned counsel for the respondent no.2. This application has been filed for quashing the summoning
order dated 18.04.2019 and proceedings arising out of the same pending in the court of learned Chief Judicial Magistrate, Bahraich in respect of the petitioners in the light of the compromise dated 29.01.2025, which has been duly verified by the learned Judicial Magistrate, Bahraich by means of the order dated 16.05.2025. The petitioners had earlier approached this Court by means of Application under Section 482 No.1920/2025(Ashiq @ Asif and 4 others versus State of U.P. and Another) on the ground that the parties have amicably settled their dispute outside the Court by way of compromise and prays for a direction for verification of the compromise so that the impugned proceedings may be quashed. This Court, by means of the order dated 03.03.2025, disposed of the said application with direction to the parties to appear before the learned trial court alongwith the copy of the original compromise deed, who shall verify the compromise in presence of the parties within one week thereafter and keep a report of the verification on the record of the court after providing its copies to the parties. In pursuance of the aforesaid order passed by this Court, compromise dated 29.01.2025 entered into between the parties was presented before the learned Magistrate and learned Magistrate after taking compromise on record has verified it in presence of the parties by means of the order date 16.05.2025. A certified copy of the order dated 16.05.2025 and the aforesaid compromise have been placed on record of this application as Annexure Nos.2 and 8 respectively.
Learned counsel for the applicants submits that since the parties have entered into compromise and the respondent no.2 has
agreed in the said compromise for quashing the proceedings of the aforesaid complaint case, therefore, the proceedings may be quashed.
Learned counsel for the applicants in support of his contention has placed reliance on the judgments of Hon'ble Apex Court in the case of Manoj Sharma Vs. State; (2008) 16 SCC 1, Narinder Singh Vs. State of Punjab; (2014) 6 SCC 466 and Yogendra Yadav Vs. State of Jharkhand; (2014) 9 SCC 653.
Learned counsel for the respondent no.2 does not dispute the same and states that the proceedings of the aforesaid complaint case may be quashed in view of the compromise entered into between the parties. Learned AGA has also no objection to the request made by learned counsel for the applicant. In view of above, it is apparent that the parties have entered into compromise and have settled their dispute amicably. Thus in the light of the view taken by the Hon'ble Supreme Court, in the cases of Manoj Sharma Vs. State(supra), Narinder Singh Vs. State of Punjab (supra) and Yogendra Yadav Vs. State of Jharkhand(supra), this Court in exercise of it's inherent power under Section 482 Cr.P.C. can quash the proceedings as the dispute has been amicably settled between the parties. In the light of the fact that the settlement has been arrived at between the applicants and the private respondent and it does not affect the public at large, and would only amount to private dispute between the parties, no useful purpose will be served by allowing the applicants to be prosecuted in the said trial, therefore, the proceedings of the aforesaid case are quashed. Accordingly, the application under Section 482 Cr.P.C. is allowed.
Order Date :- 24.7.2025 Akanksha Sri/- Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench