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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 27667 of 2023 Court No. - 79 Sl. No. 320 HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Shri Girish Kumar Mishra, learned counsel for the applicant and Ms. Kirti Singh, learned A.G.A. for the State. 2. The instant application under section 482 Cr.P.C. has been filed seeking quashing of the charge sheet dated 4.1.2021 and cognizance/summoning order dated 7.5.2022 in Case No. 1755 of 2022 (State Vs. Pappu @ Imran) arising out of Case Crime No. 392/2020 under section 384 IPC police station Fatehganj West District Bareilly pending in the court of Addl. Chief Judicial Magistrate, Court No 5 Bareilly. 3. Learned counsel for the applicants submits that in the instant case the allegation is that out of the widow pension of Rs.2000/- received by the opposite party no. 2 the applicant has taken Rs.1000/- and since then she has not received any pension and it was complained by her that she was told that she has to pay Rs.1000/- to the applicant herein. On such allegations the instant FIR has been lodged by the opposite party no. 2. After investigation charge sheet was filed against the applicant herein. Subsequent thereto the applicant was summoned vide order dated 7.5.2022. Being aggrieved by the said order, the instant application has been filed by the applicant under section 482 Cr.P.C. Learned counsel for the applicant further submits that thereafter the parties have settled their dispute amicably and entered into a compromise on 1.9.2023, which was placed on record by way of supplementary affidavit as Annexure S.A.1. In view of the aforesaid compromise this Court vide order dated 30.5.2024 directed the parties to appear before the trial court for verification of the compromise dated 1.9.2023. The report received from the trial court shows that the parties have appeared before the trial court on 11.7.2024 for verification and in presence of the parties the compromise has been duly verified and the statements of the parties have also been recorded. As per the compromise the opposite party no. 2 agreed not to prosecute the instant case against the applicant herein.
Thus, learned counsel for the applicant seeks quashing of Versus Counsel for Applicant(s) : Girish Kumar Mishra Counsel for Opposite Party(s) : G.A. Pappu @ Imran Ansari .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
the entire proceedings of the instant case in view of the aforesaid compromise, which has been duly verified by the trial court in the presence of the parties. 4. Looking at the nature of the dispute which appears to be private in nature, learned A.G.A. do not oppose the prayer for quashing of the proceedings of the instant case, in the light of settlement of dispute between the parties. Learned AGA also does not oppose the prayer for quashing of the proceeding in view of the aforesaid compromise arrived at between the parties. 5. Having heard the submissions so made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that the dispute between the parties is private in nature with regard to some financial transaction, which has been amicably settled amicably and a compromise has also been arrived at between them on 1.9.2023, which has also been verified by the trial court concerned in the present of the parties. In view of the compromise entered into between the parties, there is remote and bleak chances of conviction of the applicant herein. With the aforesaid settlement, the peace will prevail in the society and continuance of the aforesaid criminal proceedings will not serve any fruitful purpose in view of the settlement of disputes between parties. 6. In view of the aforesaid facts and in the light of the judgments of the Apex Court in Narinder Singh & Ors. vs. State of Punjab, (2014) 6 SCC 466 : Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another , (2017) 9 SCC 641 and Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303, the instant application deserves to be allowed.
7. In view thereof, the instant application is accordingly allowed and the charge sheet dated 4.1.2021 and cognizance/summoning order dated 7.5.2022 in Case No. 1755 of 2022 (State Vs. Pappu @ Imran) arising out of Case Crime No. 392/2020 under section 384 IPC police station Fatehganj West District Bareilly pending in the court of Addl. Chief Judicial Magistrate, Court No 5 Bareilly are hereby quashed. October 9, 2025 o.k. A482 No. 27667 of 2023 2 (Anish Kumar Gupta,J.) Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad