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2025 DAILYLAW 18896 (ALL)

RAJ KUMAR MISHRA and OTHERS v. STATE OF U.P. and ANOTHER

A482/4596/2001 · 2025-09-03

Avnish Saxena

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 4596 of 2001 Court No. - 79 HON'BLE AVNISH SAXENA, J. 1. The supplementary affidavit filed by learned counsel for the applicant today, is taken on record. 2. Heard Sri Shailendra Kumar Ojha, learned counsel for the applicant, Sri Mohd. Sakir, learned advocate, holding the brief on behalf of opposite party no.2 and learned A.G.A. for the State are present. 3. The instant application under Section 428 CR.P.C. has been moved with a prayer to quash the summoning order dated 16.07.2001 as well as the entire proceeding of Case No.96 of 2000 (Maya Devi Vs. Siddh Nath and others), under Sections 395, 397, 436, 504, 506, 323 I.P.C., Police Station Shibli, District Kanpur Dehat, pending in the court of Special Judge (Docaity) Kanpur Nagar. 4. Learned counsel for the applicant submits that the applicant and opposite party no.2 are of same village between whom there was land dispute, pending before the revenue court. It is in this backdrop, the F.I.R. has been registered against the accused applicant. There is a compromise entered into between the parties as the cross cases have been filed. In the cross case, the other party has filed an application U/s 482 Cr.P.C. No.25757 of 2024 (Gantar and four others Vs. State of U.P. and another), wherein the coordinate Bench of this Court by order dated 31.07.2025 has made a mention that there is a compromise between both the parties, which is sent for verification. It is in the light of this order that the parties Versus Counsel for Applicant(s) : Rahul Kumar Tiwari, Sandeep Kumar, Shailendra Kumar Ojha Counsel for Opposite Party(s) : Ashutosh Mishra Raj Kumar Mishra And Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) have buried their hatches. The compromise has been filed through supplementary affidavit dated 12.08.2025. The page no.5 of the supplementary affidavit is annexed the order dated 03.04.2025 passed by the trial court in Sessions Trial No.96 of 2000 (Maya Devi Vs. Siddh Nath and others) recorded by the Special Judge (Docaity Affected Area) Kanpur Dehat, wherein the compromise has been verified. 5. Learned counsel for the opposite party no.2 admits the factum of compromise. 6. Learned A.G.A. accepts notice for the State. 7. There is no point in getting the trial continued, when the parties have buried their differences as the star witness would not support the prosecution case. 8. Thus, the proceeding arose out of case number mentioned above is hereby quashed. Consequently, the proceedings of trial also quashed. 9. The application is allowed accordingly. September 4, 2025 Shivangi A482 No. 4596 of 2001 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad