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2025 DAILYLAW 43069 (ALL)

PRAVEEN KUMAR TIWARI AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/29918/2016 · 2025-08-22

Sanjay Kumar Pachori

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Judgment text

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1 Neutral Citation No. - 2025:AHC:146899 Court No. 74 HIGH COURT OF JUDICATURE AT ALLAHABAD Application U/S 482 No. 29918 of 2016 Praveen Kumar Tiwari And 3 Others ..Applicants v/s State of U.P. And Another ....Opposite Parties ORDER HON’BLE SANJAY KUMAR PACHORI, J. 1. Learned counsel for the applicants filed certified copies of verified compromise as well as verification proceedings today which are taken on record. 2. The present application under Section 482 of Cr.P.C. has been filed for quashing the entire proceedings of Case arising out of Case Crime No. 320 of 2015, under Sections 419, 420, 467, 468, 471, 506 of I.P.C., P.S.Tiwaripur, District Gorakhpur, as well as cognizance/summoning order dated 30.7.2016, pending in the court of Judicial Magistrate, Ist, Gorakhpur, on the basis of compromise dated 17.2.2023. 3. Learned counsel for the parties jointly submitted that the parties settled their private dispute for the offence punishable under Sections 419, 420, 467, 468, 471, 506 of I.P.C., by way of compromise dated 17.2.2023, which has been verified by the court concered on 2.7.2024 in pursuance of order of a co-ordinate Bench of this Court dated 9.5.2024 in present application. On being arrived at mutual consent, both the parties have 2 come to terms and decided to settle their dispute, therefore, no useful purpose would be served to keep the matter alive and pending the present case be finally decided. 4. Learned counsel for opposite party no. 2 also submits that as the applicants and opposite party no. 2 has already arrived at amicable settlement on 17.2.2023, therefore, opposite party no. 2 is no more interested to pursue the case any more against the applicants. 5. Heard Sri Ashok Kumar Shukla, learned counsel for the applicants, Sri Akhil Ranjan, learned counsel for the opposite party no. 2 and Sri Kamleshwar Singh, learned A.G.A. for the State. 6. Present matter is related to offence under the aforementioned sections, both the parties entered into an amicable settlement, and fact of compromise has been confirmed and admitted by learned counsel for the parties and has jointly submitted that in the interest of justice the proceedings may be quashed in the light of the compromise. 7. Keeping in mind, the law laid down by the Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303; Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, (1988) 1 SCC 692 and Parbathbhai Aahir @ Parbatbhai Bhimsinghbhai Karmur & Others v. State of Gujarat & another, (2017) 9 SCC 641 and facts, circumstances of the case, the present application under Section 528 of the B.N.S.S. is allowed. 8. Keeping in mind the position of law and facts, circumstances of the case, the present application under Section 482 of Cr.P.C. stands allowed. 9. The entire proceedings relating to proceedings of Case arising out of Case Crime No. 320 of 2015, under Sections 419, 420, 467, 468, 471, 506 of I.P.C., P.S.Tiwaripur, District Gorakhpur, as well as 3 cognizance/summoning order dated 30.7.2016, pending in the court of Judicial Magistrate, Ist, Gorakhpur, are hereby quashed. 10. This order is being passed by this Court after hearing the contesting parties and perusing the affidavit filed by the applicants. If at all, opposite party no. 2 feels that he has been duped or betrayed, then in that event, he may file recall application explaining the reasons for filing the said application. 11. The parties may file the certified copy of this order before the court concerned within four weeks from today. (Sanjay Kumar Pachori, J.) Order Date :- 23.08.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad