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2025 DAILYLAW 39616 (ALL)

RADHEYLAL AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/10044/2024 · 2025-09-22

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 10044 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. This has been taken up on mentioning. 2. Heard Mr. Santosh Kumar Tiwari, learned counsel for the applicants and Mr. Shubhendu Kumar, learned counsel for the opposite party no. 2 and Sri B.P. Singh, learned AGA for the State respondents. 3. This application under Section 482 CrPC has been preferred for quashing the entire proceeding of the chargesheet dated 29.5.2023 and summoning/cognizance order dated 14.8.2023 in S.T. No. 1012 of 2023 (State vs. Ravindra and another) in Case Crime No. 363 of 2022, under Section 307 IPC, P.S. Babina, District Jhansi on the basis of compromise dated 30.1.2024. 4. It is contended by the learned counsel for the applicants that the applicants and the opposite party no. 2 as well as injured have entered into compromise and the same has 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. It is submitted that the injuries sustained by the injured is suspected fire arm injury on the chest back and no blood has oozed out. 5. On the other hand, learned counsel for the opposite party no. 2 and learned AGA for the State have no objection to the submissions of learned Versus Counsel for Applicant(s) : Santosh Kumar Tiwari Counsel for Opposite Party(s) : G.A. Radheylal And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) counsel for the applicants. 6. In view of the fact that the applicant and opposite party no. 2 have entered into compromise and the said compromise has been verified by the learned Court concerned and a report regarding verification of compromise is already on record and keeping in view of the law laid down by Hon'ble Supreme Court in the case of Naushey Ali & Others Vs. State of U.P. & Another, 2025 INSC 182 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. 7. In view of the aforesaid, the entire proceeding ofchargesheet dated 29.5.2023 and summoning/cognizance order dated 14.8.2023 in S.T. No. 1012 of 2023 (State vs. Ravindra and another) in Case Crime No. 363 of 2022, under Section 307 IPC, P.S. Babina, District Jhansi on the basis of compromise dated 30.1.2024 are hereby quashed. 8. The application under Section 482 Cr.P.C. stands allowed. September 23, 2025 Abhishek A482 No. 10044 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