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2025 DAILYLAW 1877 (ALL)

RAM PRATAP AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/3459/2025 · 2026-03-18

Padam Narain Mishra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 3459 of 2025 Court No. - 82 HON'BLE PADAM NARAIN MISHRA, J. 1. The present application under Section 482 Cr.P.C. has been filed for quashing of the Charge-sheet dated 25.06.2023, cognizance as well as summoning order dated 03.05.2024, in criminal Case No. 19385 of 2024 (State vs. Ram Pratap and others) arising out of Case crime No. 318 of 2023, under Section 323, 504, 506, 308 I.P.C., Police Station Barhalganj, District Gorakhpur, pending in the court of Additional Civil Judge (S.D.), Court No. 3, Gorakhpur. 2. Learned counsel for both the parties submitted that the parties have settled their dispute by way of compromise dated 26.11.2024, which has been verified in pursuance of order dated 18.04.2025 passed by the co-ordinate Bench of this Court and the photo copies of certified copies of the verified compromise as well as verification proceedings have been sent by the trial court concerned, which is on record. 3. Learned counsel for the opposite party no. 2 argued that as the parties have already arrived at amicable settlement on 26.11.2024 in the aforesaid case and, therefore, opposite party no. 2 is no more interested to pursue the case any more against the applicants. 4. Heard learned counsel for the applicants and learned counsel for the Opposite Party No.2 and learned AGA for the State. 5. A three-Judge Bench of the Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, has observed that: (SCC p.340, para 58) "58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of Versus Counsel for Applicant(s) : Rakesh Yadav Counsel for Opposite Party(s) : G.A. Ram Pratap And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is resorted; securing the ends of justice being the ultimate guiding factor." 6. Keeping in mind the position of law and facts, circumstances of the case, the present application under Section 482 of the Code stands allowed. 7. The entire proceedings of Charge-sheet dated 25.06.2023, cognizance as well as summoning order dated 03.05.2024, in criminal Case No. 19385 of 2024 (State vs. Ram Pratap and others) arising out of Case crime No. 318 of 2023, under Section 323, 504, 506, 308 I.P.C., Police Station Barhalganj, District Gorakhpur, pending in the court of Additional Civil Judge (S.D.), Court No. 3, Gorakhpur, is hereby quashed. 8. This order is being passed by this Court after hearing the contesting parties. If at all, opposite party no. 2 feels that he has been duped or betrayed, then in that event, he may file recall application explaining the reasons for filing the said application. 9. The parties may file the certified copy of this order before the court concerned within six weeks from today. March 19, 2026 Israr A482 No. 3459 of 2025 2 (Padam Narain Mishra,J.) Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad