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2025 DAILYLAW 171544 (ALL)

JAMUNA PRASAD SHARMA AND ANOTHER v. State of U.P.AND ANOTHER

A482/18111/2019 · 2025-12-01

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Judgment text

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Court No. - 68 Case :- APPLICATION U/S 482 No. - 18111 of 2019 Applicant :- Jamuna Prasad Sharma And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Tripathi,J. Heard learned counsel for the applicants and the learned A.G.A., for the State of U.P. This application under Section 482 Cr.P.C., has been filed for quashing the entire proceedings of Complaint Case No. 1695 of 2012 (Old Case No. 94 of 1996) (Ram Gopal Vs. Jamuna Prasad Sharma and others) under Sections 392, 504, 506 IPC, P.S. Fazalganj, District Kanpur Nagar, pending in the court of A.C.M.M.-8th, Kanpur Nagar. Learned counsel for the applicants filed certified copy of the compromise submitted by the complainant and accused persons before the trial court. From perusal of the aforesaid documents, it reveals that the matter has been amicably settled between the parties. Hon'ble Apex Court in Parbatbhai Aahir @ Parbathbai Bhimsinghbhai Karmur and ors Vs. State of Gujarat and anr reported in (2017) 9 SCC 641 has held as follows:- "16.9. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice;" In this case, matter has been settled between the parties, therefore, conviction of the applicant is least possible. Accordingly application under Section 482 Cr.P.C., is allowed and the entire proceedings of Complaint Case No. 1695 of 2012 (Old Case No. 94 of 1996) (Ram Gopal Vs. Jamuna Prasad Sharma and others) under Sections 392, 504, 506 IPC, P.S. Fazalganj, District Kanpur Nagar, pending in the court of A.C.M.M.-8th, Kanpur Nagar is hereby quashed. Order Date :- 9.5.2019 Jaswant