Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 48839 (ALL)

RABENDRA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/34917/2023 · 2025-10-08

Samit Gopal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 34917 of 2023 Court No. - 66 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Vikash Krishna Murti, learned counsel for the applicants, Sri Karma Singh Yadav, learned counsel for the opposite party no.2 and Sri Devendra Nath Mishra, learned State counsel and perused the record. 3. This application under Section 482 Cr.P.C. has been filed by the applicants- Rabendra, Kailash, Virendra and Pappu with the prayer to allow this application and quash the entire proceeding as well as impugned summoning order dated 29.03.2022 in Complaint Case No. 103 of 2022, under Section 394 I.P.C., Police Station Bilsi, District Badaun, pending before the Special Judge (Dacoity Affected Area / Additional Sessions Judge, Budaun with a further prayer that proceeding of the aforesaid case be stayed during the pendency of the present application. 4. The office vide its report dated 07.07.2025, reported that a report from the Additional Sessions Judge / Special Judge (Dacoity Affected Area), Budaun duly forwarded by the District Judge, Budaun has been received, wherein it has been stated that compromise between the parties has been verified vide its report dated 27.09.2024. 5. Learned counsel for the applicants argued that the parties have settled the dispute amicably out of court and on the basis of compromise the applicants filed the present Criminal Misc. Application U/S 482 Cr.P.C. before this Court in which an order for verification of the compromise was passed on 20.08.2024. It is argued that in compliance of the said order, the parties have filed the order of this Court along with compromise application before the concerned court for its verification after which the concerned court has verified the said compromise vide its order dated 27.09.2024. It is argued that the Versus Counsel for Applicant(s) : Ajay Singh Sengar, Pramod Kumar, Vikash Krishna Murti Counsel for Opposite Party(s) : G.A., Karma Singh Yadav Rabendra And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) opposite party no. 2 is not interested to pursue the matter pending in the trial court and is not inclined to give any evidence against the applicants and therefore the impugned proceedings be quashed on the ground of compromise between the parties. 6. Learned counsel for the State could not dispute the fact that the matter has been amicably settled between the parties which was duly verified by the concerned trial court. 7. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed. 8. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the entire proceedings of case as prayed for by the applicants. 9. The present application is allowed. 10. The entire proceedings of the said case are hereby quashed subject to the applicants depositing Rs. 10,000/- before the concerned trial court which shall be utilized by the District Legal Services Authority of the district. October 9, 2025 AS Rathore A482 No. 34917 of 2023 2 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad