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2025 DAILYLAW 64141 (ALL)

LALOO@ SHIV KUMAR AND OTHERS v. State of UP ANOther

A482/17610/2024 · 2025-08-18

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141536 Court No. - 89 Case :- APPLICATION U/S 482 No. - 17610 of 2024 Applicant :- Laloo@ Shiv Kumar And Others Opposite Party :- State Of Up Another Counsel for Applicant :- Krishna Gopal Counsel for Opposite Party :- G.A. Hon'ble Jitendra Kumar Sinha,J. 1. The matter has been taken up as mentioned cases. 2. Heard Mr. Krishna Gopal, learned counsel for the applicants and Mr. O.P. Singh learned AGA for the State. 3. The present application has been filed with prayer to quash entire proceedings of Case No.- 1040 of 2022 (State Vs. Shiv Kumar & others) arising out of Case Crime No.- 188 of 2021 under Sections 308, 323, 504, 427 I.P.C., P.S- Qila, District- Bareilly, pending in the Court of learned Additional Chief Judicial Magistrate, Court No.-2, Bareilly on the basis of compromise. 4. It has been submitted by learned counsel for the applicants that the applicants and opposite party no.2 have entered into compromise and they have amicably settled all the disputes on the basis of compromise. The compromise has already been verified by learned court concerned and report of proceedings of verification of compromise is on record. It was submitted that the complainant does not want to pursue the impugned proceedings. 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. 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 was submitted that both the parties have settled all the disputes and compromised the matter. It was submitted on behalf of both the parties that impugned proceedings may be quashed on the basis of compromise between the parties. If parties compromise the matter, it would not have adverse impact on society. There is nothing to indicate that parties have any criminal antecedents. The counter affidavit of opposite party no.2 is also on record, wherein it has been stated that the impugned proceedings may be quashed. 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, the impugned charge- sheets/cognizance-summoning order and entire proceedings of Case No.- 1040 of 2022 (State Vs. Shiv Kumar & others) arising out of Case Crime No.- 188 of 2021 under Sections 308, 323, 504, 427 I.P.C., P.S- Qila, District- Bareilly, pending in the Court of learned Additional Chief Judicial Magistrate, Court No.-2 against applicants, namely, Laloo @ Shiv Kumar, Vipin Kumar @ Veeru and Kuldeep @ Sachin are hereby quashed. 9. The application u/s 482 Cr.P.C. is allowed. Order Date :- 19.8.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad