HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 5708 of 2019 Court No. - 29 HON'BLE MANOJ BAJAJ, J. Applicants have approached this Court through this application under Section 482 Code of Criminal Procedure seeking quashing of the impugned order dated 4.5.2019 passed by Judicial Magistrate (First) court no.17, Raibareli, in Complaint No.813 of 2016, titled Akash Singh Vs. G.S. Reddy and others, under Sections 406, 504 506 IPC, whereby the application moved for withdrawal of the complaint, under Section 257 Cr.P.C. by complainant has been rejected. Learned counsel for the applicants- accused has submitted that during the pendency of the criminal complaint, the parties had resolved the money dispute and a sum of Rs.9,00,000/- was paid by the applicants to the complainant, whereupon an application dated 24th November, 2018 was moved by complainant for withdrawal of the complaint, however, the same was dismissed, vide impugned order dated 4.5.2019, as Section 257 Code of Criminal Procedure would not apply to a warrant trial. The written compromise executed between the parties was accompanied with the application. Learned counsel has drawn the attention of the Court to the written compromise (Annexure no.4) to point out that the settlement between the parties is voluntary and the complainant has no interest in pursuing with the prosecution of the applicants/accused. Versus Counsel for Applicant(s) : Parmanand Sharma Counsel for Opposite Party(s) : Govt. Advocate G.S. Reddy And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) After hearing the learned counsel for the applicants and considering his submissions, this Court finds that the applicants were summoned for alleged commission of offence of criminal breach of trust punishable under Section 406 IPC and criminal intimidation i.e. under Section 504, 506 IPC, but now, the dispute is also settled. Of course, Section 257 Cr.P.C. relates to the trial in a summons case, but considering the background of the case and the ground raised for withdrawal of the complaint, this Court finds that the trial court was not right in dismissing the application only on the technical ground. The offences are compoundable and the copy of the compromise is also attached, therefore, the trial court ought to have treated the said application under Section 320 Cr.P.C.. Since the trial is pending and parties are appearing, therefore, this Court deems it appropriate to remit the matter back before the trial court for deciding afresh in accordance with law. As a result, the impugned order dated 4.5.2019 is set aside and it is ordered that the application be decided afresh in the light of the compromise (Annexure No.4) after hearing both the parties. The application is disposed of. November 26, 2025 Raj A482 No. 5708 of 2019 2 (Manoj Bajaj,J.) Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench