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2025 DAILYLAW 54612 (ALL)

KAMLESH GOSWAMI AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

A482/37982/2022 · 2025-08-19

Raj Beer Singh

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:143578 Court No. - 71 Case :- APPLICATION U/S 482 No. - 37982 of 2022 Applicant :- Kamlesh Goswami And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hanuman Prasad Kushwaha Counsel for Opposite Party :- G.A.,Prashant Kumar Nishad Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party no. 2 and learned AGA for the State. 2. This application u/s 482 CrPC has been filed for quashing of entire proceedings, including summoning order dated 04.04.2019, of Complaint Case No. 526 of 2018 (Smt. Sumanlata v. Kamlesh Goswami & Ors.) under Sections 147, 452, 323, 504, 506 IPC, Police Station- Kotwali Lalitpur, District- Lalitpur, pending in the court of C.J.M., Lalitpur, on the basis of compromise arrived at between the parties. 3. It has been argued by the learned counsel for the applicants that the alleged dispute between the parties has taken place due to misconception and that now both the parties have amicably settled the dispute and the informant of the case and injured do not want to pursue the impugned proceedings. In the alleged incident no one has sustained any serious injury. In pursuance to order dated 21.11.2022, passed by this Court, both the parties have filed compromise before the trial Court, which has duly been verified vide order dated 02.12.2022, the certified copy of the same is available on record. It was submitted that in view of aforesaid 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. 4. Learned counsel for the opposite party no. 2 has concurred with the arguments of learned counsel for the applicants and submitted that both the parties have amicably settled the dispute and compromised the matter and the informant and injured do not want to proceed with the case pending before the trial court and thus, the impugned proceedings may be quashed. 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 CrPC. 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. The informant of the case and injured do not want to pursue the impugned proceedings. 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 the 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, the entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid complaint case, against applicants, namely, Kamlesh Goswami, Shivam, Subham, Kaushlesh, Smt. Suman and Smt. Archaha are hereby quashed. 9. The application u/s 482 CrPC is allowed. Order Date :- 20.8.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad