PRATAP SINGH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/1625/2025 · 2025-02-13
body2025
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[ 2025 DAILYLAW 188300 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 188300 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:21781 Court No. - 73 Case :- APPLICATION U/S 482 No. - 1625 of 2025 Applicant :- Pratap Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jai Raj Counsel for Opposite Party :- Arpit Singh,G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned AGA for the State.
2. This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including summoning order dated 03.07.2013, of S.S.T. No.299 of 2013 (State Vs. Pratap Singh and Others), arising out of Complaint Case No. 102 of 2011, under Sections 147, 395, 397, 452, 504, 506, 120B, 323 IPC, P.S. Shahganj, District Agra, pending in the court of Special Judge (D.A.A.), Agra, on the basis of compromise arrived at between the parties.
3. It has been argued by the learned counsel for the applicants that the alleged dispute between the parties has taken place due to misconception and that now both the parties have amicably settled the dispute and the complainant of the case and the victim do not want to pursue the impugned proceedings. In the alleged incident no one has sustained any injury. The compromise filed by the parties before the trial court concerned, has already been verified by the court concerned, copy of which is on record. It was stated that in view of these facts and circumstances, no useful purpose would be served by keeping the impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties.
4. Learned counsel for the opposite party no.2 /complainant has concurred with the
arguments of learned counsel for the applicants and submitted that both the parties have amicably settled the dispute and compromised the matter and the complainant
and injured do not want to proceed with the case pending before the trial court and the impugned proceedings may be quashed.
5. Learned A.G.A. has no objection if parties compromise the matter.
6. I have considered the submissions and perused the record.
7. It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise. In the instant case, though applicants were also summoned for offence under Section 395 IPC but in this connection merely a vague allegation was made that applicants took away Rs.8000/- from house of complainant. Both the parties are related to each other. It appears that no prima- facie case under Section 395 IPC is made out. The matter relates to private dispute between the parties. The complainant and the victim do not want to pursue the impugned proceedings. If parties compromise the matter, it would not have adverse impact on society. There is nothing to indicate that parties have any criminal antecedents. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering aforesaid facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed.
8. In view of the aforesaid, entire impugned proceedings, including summoning
order, of the aforesaid case, against applicants, namely, Pratap Singh, Harvansh & Yashpal are hereby quashed.
9. The application u/s 482 Cr.P.C. is allowed.
Order Date :- 14.2.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad