ABHISHEK YADAV AND 2 OTHERS v. STATE OF UP AND ANOTHER
A482/5445/2024 · 2025-09-08
Yogesh Dubey Joint Registrar Judicial
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21562 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21562 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 5445 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Surendra Pratap Singh holding brief of Sri Prashant Sharma, learned counsel for the applicants, Sri Upendra holding brief of Sri Srikant Tiwari, learned counsel for the opposite party no. 2 and Sri B.P. Maurya, learned AGA for the State. 2. Instant application has been preferred for quashing of the entire criminal proceeding of Session Trial No. 229 of 2022, under sections 308, 324, 323, 504 and 506 IPC, P.S. Badagaon, District Varanasi arising out of Case Crime No. 541 of 2021 pending in the court of Additional Session Judge Court No. IX Varanasi as well as against the order dated 29.11.2023 passed by Additional Session Judge Varanasi. It is also prayed to stay the further proceeding of aforesaid case during pendency of the present application. 4. It is contended by learned counsel for the applicants that both the parties have amicably settled all the disputes and they have agreed for withdrawal of all cases, including present case, pending between the parties and the same has been verified by the court concerned. A report regarding the same is available on record. It is further submitted 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. 5. Learned A.G.A. for the State as well as learned counsel for the opposite party no. 2 has no objection. Versus Counsel for Applicant(s) : Prashant Sharma Counsel for Opposite Party(s) : G.A., Srikant Tiwari Abhishek Yadav And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. I have considered the submissions and perused the record. 7. Both the parties have amicably settled all the disputes and they have agreed for withdrawal of all cases, including present case, pending between the parties and the same has been verified by the court concerned. A report regarding the same is available on record. Considering the law laid down in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed. 8.
In view of the aforesaid, the entire criminal proceeding of Session Trial No. 229 of 2022, under sections 308, 324, 323, 504 and 506 IPC, P.S. Badagaon, District Varanasi arising out of Case Crime No. 541 of 2021 pending in the court of Additional Session Judge Court No. IX Varanasi as well as the order dated 29.11.2023 passed by Additional Session Judge Varanasi, against applicants, are hereby quashed. 9. The application is allowed. September 9, 2025 SY A482 No. 5445 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad