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2025 DAILYLAW 57750 (ALL)

SUNIL RAJPOOT AND 4 OTHERS v. State of U.P. AND ANOTHER

A482/14747/2024 · 2025-01-30

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14807 Court No. - 73 Case :- APPLICATION U/S 482 No. - 14747 of 2024 Applicant :- Sunil Rajpoot And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadhesh Prasad Counsel for Opposite Party :- Abhishek Singh,G.A. 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 Cr.P.C. has been preferred for quashing of the entire proceedings, including summoning order dated 04.09.2019, of Complaint Case No.59 of 2018 (Smt. Rekha Devi Vs. Sunil Rajpoot and Others), under Sections 394, 397, 323, 504, 506 IPC, P.S. Tahrauli, District Jhansi, pending in the court of Special Judge (D.A.A. Act)/Additional Sessions Judge, Jhansi, 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 complainant/injured of the case does not want to pursue this case. It was submitted that both the parties are residents of same village. In the alleged incident no one has sustained any injury. It was submitted that the compromise filed by the parties before the trial court concerned, has already been verified by the court concerned, copy of which is on record. It was stated that in view of these 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 /complainant 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 complainant/injured does not want to proceed with the case pending before the trial court and 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. In the instant case, it appears that both the parties are residents of same locality and after investigation police have submitted final report in favour of applicants. Thereafter, protest petition of complainant was registered as a complaint case. The matter relates to private dispute between the parties. If parties compromise the matter, it would not have adverse impact on society. The complainant/injured does not want to pursue the impugned proceedings. There is nothing to indicate that parties have any criminal antecedents. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering the law laid down 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. 8. In view of the aforesaid, entire impugned proceedings, including summoning order of the aforesaid case, against applicants, namely, Sunil Rajpoot, Pradeep, Pawan, Devendra & Baikunth are hereby quashed. 9. The application u/s 482 Cr.P.C. is allowed. Order Date :- 31.1.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad