SANDEEP SINGH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/599/2025 · 2025-08-10
Sanjay Kumar Pachori
body2025
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[ 2025 DAILYLAW 5902 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 5902 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:135697 Court No. - 74 Case :- APPLICATION U/S 482 No. - 599 of 2025 Applicant :- Sandeep Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Srivastav,Rajesh Kumar Srivastava Counsel for Opposite Party :- G.A.,Mukesh Ray Hon'ble Sanjay Kumar Pachori,J.
1. Heard Sri Gaurav Srivastav, learned counsel for the applicants, Sri Mukesh Ray, learned counsel for the opposite party no. 2, Sri B.N. Upadhyay, learned A.G.A. for the State and perused the material on record.
2. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed for quashing the entire proceeding of Complaint Case No. 868 of 2019 as well as cognizance/summoning order dated 5.4.2022, whereby learned magistrate took cognizance under Sections 406, 420, 120-B of Indian Penal Code, registered at Police Station- Jagdishpura, District- Agra, pending in the court of Additional Civil Judge (Junior Division) Court No. 4, Agra on the basis of compromise executed between the parties on 7.5.2025.
3.
Learned counsel for both the parties jointly submit that the parties have settled their dispute out of the court with regard to offence aforesaid by way of compromise on 7.5.2025, which has been verified by the court below vide order dated 7.5.2025. Certified copy of the verified compromise as well as verification proceedings have been annexed as Annexure-S.A.-1 to the supplementary affidavit. On being arrived at mutual consent, both the parties have come to terms and decided to part their ways and 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 argued that as the applicants have already arrived at amicable settlement on 7.5.2025, therefore, opposite party no. 2 is no more interested to pursue the case any more against the applicants.
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5. Both the parties entered into a 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.
6. 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 482 of the Code stands allowed.
7. The entire proceedings relating to Complaint Case No. 868 of 2019, under Sections 406, 420, 120-B of Indian Penal Code, registered at Police Station- Jagdishpura, District- Agra, pending in the court of Additional Civil Judge (Junior Division) Court No. 4, Agra is, hereby, quashed.
8. This order is being passed by this Court after hearing the contesting parties. 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.
9. The parties may file the certified copy of this order before the court concerned within two weeks from today.
10. Interim order, if any, stands vacated.
Order Date :- 11.8.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad