BRIJESH KUMAR AND 3 OTHERS v. State of U.P. AND ANOTHER
A482/10966/2024 · 2025-09-23
Yogesh Dubey Joint Registrar Judicial
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29524 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29524 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 10966 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J.
1. This matter has been taken up on mentioning. 2. Heard Mr. Pranvesh, holding brief of Sri Agnivesh, learned counsel for the applicants and Mr. Mohnish Chandra, learned counsel for the opposite party no. 2 and Sri B.P. Maurya, learned AGA for the State respondents. 3. This application under Section 482 CrPC has been preferred for quashing the entire proceeding of Criminal Case No. 5858 of 2021 (State vs. Brijesh and others), arising out of Case Crime No. 516 of 2019, under Sections 323, 504, 506, 452, 308 IPC, P.S. Saurikh, District Kannauj pending in the Court of Chief Judicial Magistrate, Kannauj and the chargesheet dated 11.6.2021 and cognizance dated 22.9.2021 on the basis of compromise dated 6.2.2024. 4. It is contended by the learned counsel for the applicants that the applicants and the opposite party no. 2 have entered into compromise and the same has already been verified by the learned Court concerned and a report regarding the same is on the record. It is also submitted that in view of the compromise arrived at between the applicant and opposite party no. 2, proceedings of the aforesaid case be quashed against the applicant. 5. On the other hand, learned counsel for the opposite party no. 2 and learned AGA for the State have no objection to the above submissions made by the learned counsel for the applicant. Versus Counsel for Applicant(s) : Agnivesh, Jadu Nandan Yadav Counsel for Opposite Party(s) : G.A., Mohnish Chandra Brijesh Kumar And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. Since the applicants and the opposite party no. 2 have entered into compromise and the same has been verified by the court concerned and the report of is on record, it is submitted that the since the case is not compoundable, proceedings of the case could not be dropped on the basis of compromise. 7. Keeping in view of the law laid down by Hon'ble Supreme Court 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 in respect of the applicant.
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. 8. In view of the aforesaid, the entire proceeding of Criminal Case No. 5858 of 2021 (State vs. Brijesh and others), arising out of Case Crime No. 516 of 2019, under Sections 323, 504, 506, 452, 308 IPC, P.S. Saurikh, District Kannauj pending in the Court of Chief Judicial Magistrate, Kannauj and the chargesheet dated 11.6.2021 and cognizance dated 22.9.2021 on the basis of compromise dated 6.2.2024 are hereby quashed. 9. The application under Section 482 Cr.P.C. stands allowed. September 24, 2025 Abhishek A482 No. 10966 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad