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2025 DAILYLAW 17355 (ALL)

BHUPINDER SINGH AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

A482/10043/2023 · 2025-08-31

Vikram D Chauhan

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 10043 of 2023 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present application has been filed by the applicants for quashing the entire proceedings of Case No. 8593 of 2018, arising out of Case Crime No. 954 of 2016 (State Vs. Kultaran Kaur and others), under Section 420 I.P.C. and Section 66 of Information Technology Act, 2000, P.S. Sector-20 Noida, District Gautam Buddha Nagar, including the impugned order dated 3.1.2023 passed by the Chief Judicial Magistrate, Gautam Budh Nagar, pending before the Chief Judicial Magistrate, Gautam Buddha Nagar, puursant to the compromise entered between the parties. 3. Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 3.1.2023 and the same has been verified by the court concerned on 25.4.2023, therefore, the present case be finally decided. 4. Learned AGA does not dispute the fact that parties have entered into settlement which is duly verified by the court concerned. It is further submitted that he would have no objection in case criminal proceedings are put to an end. He further submits that in view of settlement there is virtually no chance of any conviction being recorded in the criminal proceedings. 5. Having examined the matter in its totality, this Court is of the view that Versus Counsel for Applicant(s) : Pulak Ganguly Counsel for Opposite Party(s) : G.A. Bhupinder Singh And Another .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) the criminal proceedings in the present case had essentially been an outcome of a commercial dispute and there are no such over bearing circumstances for which the applicants ought to be prosecuted even after the parties has entered into a settlement. Needless to observe that with the present stand of the parties in terms of their settlement, there is practically no chance of recording conviction, even if the case under the F.I.R. in question is put to trial. In other words, entire exercise of trial would only be an exercise in futility. On the contrary, looking to the nature of dispute and the fact that the disputants have compromised and want to proceed peacefully ahead, it would be in the interest of justice that criminal proceedings in question are quashed. 6. It would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and to secure the ends of justice, it is appropriate that the criminal case is put to an end. 7. In view of the fact that the parties do not want to pursue the case any further as stated by them and the fact that matter has been mutually settled between the parties in view of the compromise dated 3.1.2023, no useful purpose would be served in proceeding with the matter further. 8. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court in Parbatbhai Aahir Vs. State of Gujarat (2017) 9 SCC 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688, the proceedings of the aforesaid case is hereby quashed. 9. The present application is, accordingly, allowed. September 1, 2025 VMA A482 No. 10043 of 2023 2 (Vikram D. Chauhan,J.) Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad