Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 56589 (ALL)

BANDHU MADHESHIYA v. STATE OF U.P. AND ANOTHER

A482/44027/2019 · 2025-05-05

Vikas Budhwar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:72775 Court No. - 73 Case :- APPLICATION U/S 482 No. - 44027 of 2019 Applicant :- Bandhu Madheshiya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pavan Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ashutosh Yadav (AOR No.) holding brief of Sri Pawan Kumar, learned counsel for the applicant as well as Sri S.P. Singh, State Law Officer for the State. 2. This is an application filed U/s 482 Cr.P.C. for quashing the criminal proceeding of case no. 3980 of 2018 (State vs. Bandhu Madheshiya) arising out of case crime no. 0011 of 2018 under section 419, 420, 406, 506 IPC, PS. Ghughali, District Maharajganj pending before the court of CJM, Maharajganj. 3. This Court on 02.12.2019 proceeded to pass the following order: "Heard learned counsel for the applicant and learned Additional Government Advocate for the State. Present application has been filed for a direction to the court below to quash the entire criminal proceedings of Case No. 3980 of 2018 (State Vs. Bandhu Madheshiya) arising out of Case Crime No. 0011 of 2018, under Sections 419, 420, 406, 506 IPC. P.S. Ghughali, District- Maharajganj pending in the Court of Chief Judicial Magistrate, Maharajganj in terms ofthe compromise dated 27.5.2019. Learned counsel for the applicants submits that the dispute had arisen between the applicant and the opposite party No.2. After the incident they have amicably settled their dispute and arrived at a compromise vide compromise deed, which has been annexed as Annexure no. 3 of the application. On the basis of the said compromise deed, it has been prayed before this Court that the proceedings be quashed in view of the law laid down by the Apex Court in the case of Gian Singh Vs. State of Punjab, (2012) 10 SCC 303. Whether a compromise has taken place or not can best be ascertained by the court concerned before whom the proceedings are pending after ensuring the presence of the parties before it. In view of the above, list this case on 16.1.2020 before the appropriate Bench. In the meantime, the court below will proceed to fix a date for securing the presence of the parties to the proceedings before it and proceed thereafter to ascertain the veracity of the compromise. If the said compromise is verified, the same shall be made part of the record and report to that effect will be prepared and the parties would be allowed to obtain certified copy thereof. Till the next date of listing, if within two weeks from today a certified copy of this order is produced before the court below with an application to verify a compromise already placed on record, no coercive steps would be taken against the applicant till verification of the compromise in accordance with the observations made herein above. It shall not be treated as tied up or part heard with this Bench. " 4. There is an office report dated 05.05.2025 that in compliance of the order of the court, the verification report has been received which is available on record. 5. On perusal of the communication of Chief Judicial Magistrate, Maharajganj dated 03.05.2025 itself reveals that the parties have entered into a compromise and the same stands verified. 6. Learned State Law Officer does not dispute the said facts. 7. Looking into the facts and circumstances of the case and in view of the law laid down by the Hon'ble Apex Court in the case of Gian Singh v. State of Punjab : (2012) 10 SCC 303 and in the case of State of Madhya Pradesh vs. Laxmi Narayan, this Court exercises its power under Section 482 Cr.P.C. while quashing the present proceedings. Accordingly the present application stands allowed. 8. The proceeding of Criminal case no. 3980 of 2018 (State vs. Bandhu Madheshiya) arising out of case crime no. 0011 of 2018 under section 419, 420, 406, 506 IPC, PS. Ghughali, District Maharajganj pending before the court of CJM, Maharajganj are hereby quashed. Order Date :- 6.5.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad