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Neutral Citation No. - 2025:AHC:9264 Court No. - 73 Case :- APPLICATION U/S 482 No. - 5572 of 2024 Applicant :- Asim And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Fazil,Salman Ahmad Counsel for Opposite Party :- G.A.,Umair Alam Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants, learned counsel for opposite party no. 2/complainant and learned A.G.A. for the State.
2. This application u/s 482 Cr.P.C. has been filed for quashing of the entire proceedings, including summoning order dated 16.02.2023, of complaint case No. 24 of 2023, under Sections 323, 504, 354-B IPC, P.S. Didauli, District Amroha, pending in the court of IInd A.C.J.(J.D.)/J.M., Amroha, on the basis of compromise arrived at between the parties.
3. It has been submitted by 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 compromised the matter. The complainant/injured of the case does not want to pursue the impugned proceedings. It was further submitted that both the parties are residents of same town. In alleged incident no one has sustained any serious injury. It was stated that the compromise, filed by the parties before the trial court concerned, has already been verified by the court concerned, copy of which is also 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 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. The complainant/injured of the case does 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 between the parties. In the instant case, it appears that the dispute between the parties appears to be private in nature and does not have any serious impact on society if parties compromise the matter. There is nothing to indicate that parties have any criminal antecedents. As stated earlier both the parties are residents of same town and that none of the party has sustained any serious injury. The complainant/injured of the case does not want to proceed with the case against the applicants. The compromise filed by the parties before the trial court, has already been verified by the court concerned. 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 impugned summoning order and entire proceedings of the aforesaid complaint case against applicants, namely, Asim, Mateen, Rais and Laiq are hereby quashed.
9. The application u/s 482 Cr.P.C. is allowed.
Order Date :- 20.1.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad