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2025 DAILYLAW 190934 (ALL)

SUSHIL JADON AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/43626/2024 · 2025-10-13

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 43626 of 2024 Court No. - 83 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. The instant application has been filed by the applicants with the prayer to quash the entire proceedings of Case No.2231 of 2008 (Yogesh Kumar Sharma vs. Sushil Jadon and others) as well as summoning order dated 01.05.2009 passed in the aforesaid case under Sections 323, 452, 504, 506 IPC, P.S. Kotwali, District Mathura, pending in the Court of Judicial Magistrate, Court No.5, Mathura. 2. On 27.05.2025, following order was passed: "1. Heard Shri Roopesh Srivastava, learned counsel for the applicant, Shri Shashidhar Pandey, learned AGA for the State and Shri Arun Kumar Vishvakarma, learned counsel appearing for o.p. no. 2 and perused the records. 2. The present application has been filed for quashing of the entire proceedings of Case No. 2231 of 2008, under Sections 323, 452, 504, 506 IPC, P.s. Kotwali, district Mathura on the basis of compromise. 3. It is submitted by learned counsel for the applicant that the parties have amicably settled their disputes outside the Court and the opposite party no.2 does not want to prosecute the applicants. The compromise has taken place on 05-04-2024 and the compromise-deed has been annexed as Annexure-1 to the affidavit filed in support of the application. Versus Counsel for Applicant(s) : Roopesh Srivastava Counsel for Opposite Party(s) : Arun Kumar Vishvakarma, G.A. Sushil Jadon And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Learned counsel appearing for the opposite party no.2 does not dispute the aforesaid facts. 5. In view of above facts, the parties shall file an application along with the compromise-deed before the concerned Court below and appear before the Court concerned for verification of the compromise in the first week of July 2025. On receiving the said application the Court below shall take steps for verification of the compromise and prepare a verification report. The concerned Court shall send the verification report to this Court, which may be placed in the file. 6. List on 12-08-2025 along with report of verification of compromise. 7. Till then, no coercive action shall be taken against the applicant in pursuance of the aforesaid proceedings." 3. Pursuant to the order dated 27.05.2025, a report has been filed by Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.10, Mathura whereby the compromise executed between the parties has been duly verified. 4. As per the compromise executed between the parties, it has been submitted by learned counsel for the applicants that the dispute was a petty dispute with respect to a small payment of money, which led to filing of this application. However, on intervention of respectable member of the community, all disputes have been resolved and the continuation of proceedings before the learned Court below would tantamount to abuse of process of law and the same may be quashed on the basis of compromise. 5. It is also submitted by learned counsel for the applicants that except Section 452 IPC, all the other offences are compoundable and keeping in view the compromise, the proceedings may be quashed. 6. Sri Arun Kumar Vishvakarma, learned counsel appearing for opposite party No.2 affirms the said compromise and states that the proceedings themselves may be quashed so that dispute may come to an end. A482 No. 43626 of 2024 2 7. This Court is not unmindful of the judgement of the Hon'ble Supreme Court passed in the case of Narinder Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir Vs. State of Gujarat, (2017) 9 SCC 641 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688, wherein Hon'ble Supreme Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which, law expounded by Hon'ble Supreme Court, in the aforesaid cases, has been explained in detail. 8. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties and seeing that the compromise has been effected, the dispute in question is a petty dispute with respect to a small payment of money, which has been amicably resolved, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of this case. 9. Accordingly, the entire proceedings of Case No.2231 of 2008 (Yogesh Kumar Sharma vs. Sushil Jadon and others) under Sections 323, 452, 504, 506 IPC, P.S. Kotwali, District Mathura as well as summoning order dated 01.05.2009, pending in the Court of Judicial Magistrate, Court No.5, Mathura are hereby quashed. 10. The instant application stands allowed. October 14, 2025 Kushal A482 No. 43626 of 2024 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad