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2025 DAILYLAW 23514 (ALL)

ANUJ KUMAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/15472/2023 · 2025-10-07

Deepak Verma

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 15472 of 2023 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants, learned counsel for the informant, learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 11.12.2021, summoning order dated 25.03.2022 as well as entire proceedings of Criminal Case No.92 of 2023 (State vs. Anuj Yadav and others) arising out of Case Crime No.290 of 2021, under Sections 323, 504, 308 I.P.C., Police Station Indergarh, District Kannauj, pending in the court of Additional Chief Judicial Magistrate, Kannauj. 3. Learned counsel for the applicants submits that instant application has filed to quash the proceeding pending against the applicants on account of compromise entered between the parties. The compromise deed dated 07.02.2023 is filed as Annexure 8 to the application. This Court vide order dated 28.04.2023 directed the parties to appear before the court below for verification of compromise dated 07.02.2023 (Annexure 8 to the affidavit). The order dated 28.04.2023 is being quoted below:- "Sri Arvind Kumar Srivastava, Advocate has filed vakalatnama on behalf of opposite party No. 2 today in Court, which is taken on record. Heard learned counsel for the applicant, counsel for the opposite party No. 2, learned A.G.A. for the State and perused the record. The present application u/s 482 Cr.P.C. has been filed for quashing the charge sheet dated 11.12.2021 and summoning order dated 25.3.2022 as well as entire criminal proceedings of Case No. 92 of 2023 (State Vs. Anuj Yadav and others) arising out of Case Crime No. 290 of 2021, under Sections 323, 504, 308 I.P.C., Police Station- Indergarh, District- Kannauj, pending the in court of Addl. Chief Judicial Magistrate, Kannauj. Versus Counsel for Applicant(s) : Vijay Bahadur Shivhare Counsel for Opposite Party(s) : Arvind Kumar, G.A. Anuj Kumar And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Learned counsel for the applicants has submitted that applicants and opposite party No. 2 are neighbours and on account of sudden quarrel, the instant case was instituted against the applicants, however with the intervention of respected members of both the families and society, parties have amicably and genuinely settled all their disputes and differences and now they do not have any grievance against each other. Learned counsel for the applicants has next drawn the attention of the Court to the compromise affidavits, a copy of which has been annexed as Annexure Nos. 8 and 9 to this application. Learned counsel for the applicant has next submitted that the said compromise affidavits made between the parties be sent for verification by the court below. Learned counsel for the opposite party No. 2 does not dispute the aforesaid facts. In view of the above, both the parties shall appear before the court below on 10.5.2023 and the court below shall verify the said affidavits, which are said to have already been filed before the court below on 7.2.2023 and shall forward a report to this Court by the next date fixed. List on 22.5.2023. Till then no coercive measure shall be taken against the applicants in the aforesaid case. " 4. Pursuant to the said order dated 28.04.2023, parties appeared before the court below and on 10.05.2023 trial court verified and identified the parties through their counsels. Verification report dated 10.05.2023 has been forwarded to this Court by Judicial Magistrate, Kannauj and same is available on record. 5. Learned counsel for the applicants has submitted that the applicants and opposite party no.2 have settled their private and civil dispute through compromise and as such opposite party no.2 do not wish to press the aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 6. In view of the facts and circumstances of the case, the applicants and opposite party no.2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further. 7. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 A482 No. 15472 of 2023 2 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceeding of Criminal Case No.92 of 2023 (State vs. Anuj Yadav and others) arising out of Case Crime No.290 of 2021, under Sections 323, 504, 308 I.P.C., Police Station Indergarh, District Kannauj, pending in the court of Additional Chief Judicial Magistrate, Kannauj is hereby quashed. 8. The application under Section 482 Cr.P.C. is accordingly allowed. October 8, 2025 SKD A482 No. 15472 of 2023 3 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad