Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 34490 (ALL)

VISHWAKANT SINGH @ VISHWANATH SINGH v. STATE OF U.P. AND ANOTHER

A482/17459/2020 · 2025-09-11

Deepak Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 17459 of 2020 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. List revised. None appear for the applicant. Perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Case No. 566 of 2008 (State Vs. Vishwakant @ Vishwanath), arising out of Case Crime No. 407 of 2007, under Sections 420, 467, 468, 471 I.P.C., P.S. Walterganj, District- Basti, pending in the court of Judicial Magistrate-II, Basti. 3. From the record, it is apparent that applicants and opposite party no.2 have amicably settled their dispute out of the Court and entered into a compromise. Applicants approached this Hon'ble Court by filing this 482 application with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 08.02.2021 passed following order:- "Heard learned counsel for the applicant, Sri Gaurav Kumar Shukla, learned counsel for the opposite party no.2 and learned A.G.A. for the State. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the proceedings of Case No. 566 of 2008 under sections 420, 467, 468, 471 IPC, Police Station Walterganj, District Basti, pending in the court of Judicial Magistrate- II, Basti. Learned counsel for the applicant submits that the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing on 21.10.2019, copy of which has been annexed as Annexure-1 to the affidavit dated 28.01.2021 filed in support of this application. Versus Counsel for Applicant(s) : Ashok Kumar Dwivedi, Gaurav Kumar Shukla Counsel for Opposite Party(s) : G.A. Vishwakant Singh @ Vishwanath Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the dispute. Accordingly, it is provided that the parties shall appear before the court below along with a copy of this order within two weeks from today and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a short date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of three weeks thereafter. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court. List this case in the additional cause list on 5th April, 2021 before appropriate Bench. It is made clear that this case shall not be treated as tied-up or part heard to this Bench. Till the next date of listing no coercive action shall be taken against the applicant in the aforesaid case." 4. Pursuant to the order dated 08.02.2021, the Trial court vide order dated 25.02.2021 verified and identified the parties as well as compromise application through their respective counsels. Verification report/order dated 25.02.2021 has been sent to this Court by Additional Chief Judicial Magistrate-II, Court No. 10, Basti through its letter dated 08.07.2025. Applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. Applicants and opposite party no.2 have settled through compromise their dispute and as such opposite party no.2 does 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. 5. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 6. Opposite party no. 2 has filed affidavit, which is on record, wherein, in para-3 it is stated that applicants and opposite party no. 2 entered into a compromise dated 21.10.2019 because of intervention of some respectable persons of society since the applicant as well as opposite party no. 2/first informant both are of same family & neighbours and no dispute remains between the parties and further the first informant/opposite party no. 2 is not willing to prosecute the case pending before the trial court & given their A482 No. 17459 of 2020 2 consent for quashing the proceeding of trial pending against the applicant. 7. The Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble Apex 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 the Hon'ble Apex 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, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case. 9. Accordingly, the impugned proceeding of Case No. 566 of 2008 (State Vs. Vishwakant @ Vishwanath), arising out of Case Crime No. 407 of 2007, under Sections 420, 467, 468, 471 I.P.C., P.S. Walterganj, District- Basti, pending in the court of Judicial Magistrate-II, Basti, are hereby quashed. 10. This application under Section 482 Cr.P.C. is accordingly allowed. September 12, 2025 Aditya A482 No. 17459 of 2020 3 (Deepak Verma,J.) Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad