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2025 DAILYLAW 1562 (ALL)

SHRI PRAKASH PANDEY AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/4025/2025 · 2026-03-10

Chawan Prakash

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 4025 of 2025 Court No. - 80 HON'BLE CHAWAN PRAKASH, J. 1. Heard Sri Ashok Kumar Singh, learned Counsel for the applicants, Sri Santosh Kumar Pandey, learned Counsel for the opposite party no.2 and learned AGA for the State and perused the records. 2. The present application under Section 528 BNSS, has been filed by the applicants with the prayers to quash the summoning order dated 07.04.2023 as well as entire proceeding of Compliant Case No. 2564 of 2023, Sheshdhar dubey v. Raivshankar and others, under Sections 120B, 465, 468 and 471 I.P.C., pending before the Judicial Magistrate-II, Bhadohi, on the basis of compromise entered into by the parties. 3. Learned Counsel for the applicants has submitted that the applicants and opposite party no.2 have compromised the dispute, copy of the same is annexed as annexure no.22 to the present application. It is further argued that the said compromise has also been verified by the learned Trial Court concerned, as such the proceedings against the applicants may be quashed. 4. Learned counsel for opposite party no.2 admitted the fact of compromise and stated that he has no objection if the proceeding of the aforesaid case is quashed against the applicants. 5. From the perusal of the record it is apparent that parties have entered in to compromise and have settled their dispute amicably. 6. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 Versus Counsel for Applicant(s) : Ashok Kumar Singh Counsel for Opposite Party(s) : G.A., Indra Deo Mishra, Santosh Kumar Pandey Shri Prakash Pandey And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases, in which the parties have settled their grievances, can be quashed. 7. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings as prayed for by the applicants. 8. The entire proceedings of the aforesaid case are hereby quashed. 9. The present application is allowed. March 11, 2026 Vijay A482 No. 4025 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad