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2025 DAILYLAW 41023 (ALL)

DAMBER AND 5 OTHERS v. STATE OF U.P. . AND ANOTHER

A482/28796/2022 · 2025-08-18

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:142995 Court No. - 71 Case :- APPLICATION U/S 482 No. - 28796 of 2022 Applicant :- Damber And 5 Others Opposite Party :- State Of U.P. . And Another Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed by learned counsel for the applicants is taken on record. 2. Heard learned counsel for the applicants and learned AGA for the State. 3. This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including charge-sheet dated 22.02.2019 as well as summoning / cognizance order dated 20.05.2019, of Case No. 28967 of 2019 (State Vs. Damber and others), arising out of Case Crime No.1162 of 2018, under Sections 147, 323, 504, 506 IPC, P.S. New Agra, District Agra, pending in the court of C.J.M., Agra, on the basis of compromise arrived at between the parties. 4. It has been submitted by learned counsel for the applicants that applicant nos. 1 & 2 are father-in-law and mother-in-law of opposite party no. 2 / informant and remaining applicants are family members of applicant no. 1 and the matter relates to private dispute. Now both the parties have amicably settled the dispute and compromised the matter and the informant of the case and the injured do not want to pursue the impugned proceedings. In the alleged incident, the injured has not sustained any serious injury. It was submitted that the compromise filed by the parties before the trial court concerned, has already been verified by the court, copy of which is 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. 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 by invoking inherent powers enshrined under Section 482 Cr.P.C. In the instant case, the matter relates to private dispute between the parties. If parties compromise the matter, it would not have adverse impact on society. There is nothing to indicate that applicants have any criminal antecedents. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering aforesaid facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed. 8. In view of the aforesaid, entire impugned proceedings, including, charge-sheet & summoning order of the aforesaid case against applicants, namely, Damber, Smt. Asharfi Devi, Smt. Kiran, Smt. Krishna, Brijesh & Naresh are hereby quashed. 9. The application u/s 482 Cr.P.C. is allowed. Order Date :- 19.8.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad