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2025 DAILYLAW 42003 (ALL)

SUSHIL KUMAR JAIN v. STATE OF U.P. AND ANOTHER

A482/22741/2011 · 2025-09-21

Yogesh Dubey Joint Registrar Judicial

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 22741 of 2011 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri G.K. Gupta, learned counsel for the applicant, Sri Pramod Kumar Singh, Advocate holding brief of Sri Ratnesh Kumar Shukla, learned counsel for opposite party no. 2 and learned A.G.A. for the State respondents. 2. This application under Section 482 Cr.P.C. has been preferred for quashing the entire proceeding of Criminal Case No. 1344 of 2007 pending before the court of learned A.C.J.M., Hapur, Ghaziabad under sections 379, 420, 467, 468, 469, 471 and 411 IPC, P.S. Hapur Nagar, District Ghaziabad. 3. It is contended by learned counsel for the applicant that the applicant and opposite party no. 2 entered into a compromise in the year 2011 and the same is annexed at page 21 of the memo of application. It is further submitted that the aforesaid compromised could not be verified by the Court concerned as the proceedings before the trial court were stayed by the order of this Court. It is further submitted that the matter relates to civil dispute regarding loss of cheque and now the parties have amicably settled the dispute. On the other hand, it is submitted that since long time has been lapsed since 2011 and the matter pertaining to a civil dispute has been compromised between the parties, proceedings of the aforesaid case be quashed against the applicant. 4. On the other hand, learned counsel for opposite party no. 2 and learned A.G.A. for the State have no objection to the above submissions made by learned counsel for the applicant. 5. In view of the fact that the matter pertains to a civil dispute and the same has been amicably settled between the parties; the compromise is annexed at page 21 of the memo of application but the same could not be verified by the Court concerned as the proceedings before the trial court were stayed by the order of this Court, no useful purpose would be served by keeping the impugned proceedings pending. Keeping in view of the law laid down by Versus Counsel for Applicant(s) : Nitin Gupta Counsel for Opposite Party(s) : Sunil Vashishtha Sushil Kumar Jain .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. Thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties. 6. In view of the aforesaid, the entire proceeding of Criminal Case No. 1344 of 2007 pending before the court of learned A.C.J.M., Hapur, Ghaziabad under sections 379, 420, 467, 468, 469, 471 and 411 IPC, P.S. Hapur Nagar, District Ghaziabad are hereby quashed. 7. The application under Section 482 Cr.P.C. stands allowed. September 22, 2025 Madhurima A482 No. 22741 of 2011 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad