DILIP SONI AND 3 OTHERS v. State of U.P. AND ANOTHER
A482/21301/2024 · 2025-08-11
Yogesh Dubey Joint Registrar Judicial
body2025
DailyLaw.ai
[ 2025 DAILYLAW 73558 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 73558 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:137292 Court No. - 89 Case :- APPLICATION U/S 482 No. - 21301 of 2024 Applicant :- Dilip Soni And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aditaya Kumar Kashyap,Manish Kumar Pandey Counsel for Opposite Party :- Aditya Verma,G.A. Hon'ble Jitendra Kumar Sinha,J.
1. Supplementary affidavit dated 01.04.2025 filed on behalf of the applicants, is taken on record.
2. Heard Sri Manish Kumar Pandey, Advocate holding brief of Sri Aditaya Kumar Kashyap, learned counsel for the applicants,
learned counsel for opposite party no. 2 and learned AGA for the State. 3. This application u/s 482 Cr.P.C. has been preferred for quashing the charge sheet No. 85 of 2023 dated 14.07.2023 as well as further proceeding of Case No. 89 of 2024 (State Versus Dilip and others) arising out of Case Crime No. 83 of 2023 under Sections 452, 427, 323, 504, 506 I.P.C., Police Station Ayana, District Auraiya pending before the Court of Judicial Magistrate, Auraiya, along with summoning order dated 14.03.2024 under Sections 452, 427, 323, 504, 506 I.P.C passed by the learned Judicial Magistrate, Auraiya, pending in the Court of Judicial Magistrate, Auraiya on the basis of compromise dated 23.05.2024 arrived at between the parties. 4. It has been submitted by learned counsel for the applicants that matter has been compromised between the applicants and opposite party no.2 and compromise has already been verified by the learned trial court, which is taken on record along with supplementary affidavit, which has already been filed on
01.04.2025. He further submitted that in view of the above, the applicants and opposite party nos. 2 have compromised the matter in charge sheet No. 85 of 2023 dated 14.07.2023 as well as further proceeding of Case No. 89 of 2024 (State Versus Dilip and others) arising out of Case Crime No. 83 of 2023 under Sections 452, 427, 323, 504, 506 I.P.C., Police Station Ayana, District Auraiya pending before the Court of Judicial Magistrate, Auraiya, along
with summoning order dated 14.03.2024 under Sections 452, 427, 323, 504, 506 I.P.C passed by the learned Judicial Magistrate, Auraiya, pending in the Court of Judicial Magistrate, Auraiya be quashed. 5. On the other hand learned A.G.A. and learned Counsel for the opposite party nos. 2 have no objection in this regard. 6.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 complainant/opposite party nos.2 does not want to proceed with the case pending before the trial court and the impugned proceedings may be quashed. 7. I have considered the submissions and perused the record. 8. Since the matter has been compromised between the applicants and opposite party no. 2 and compromise has already been verified by the learned trial court.
Certified copy of the proceeding of the compromise have been annexed as Annexure-SA-1 to the supplementary affidavit. Court order is also on record regarding verification of the compromise. If parties compromise the matter, it would not have adverse impact on society. There is nothing to indicate that parties have any criminal antecedents. 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. 9. In view of the aforesaid, charge sheet No. 85 of 2023 dated 14.07.2023 as well as further proceeding of Case No. 89 of 2024 (State Versus Dilip and others) arising out of Case Crime No. 83 of 2023 under Sections 452, 427, 323, 504, 506 I.P.C., Police Station Ayana, District Auraiya pending before the Court of Judicial Magistrate, Auraiya, along with summoning order dated 14.03.2024 under Sections 452, 427, 323, 504, 506 I.P.C passed by the learned Judicial Magistrate, Auraiya, pending in the Court of Judicial Magistrate, Auraiya are hereby quashed. 10. The application u/s 482 Cr.P.C. is allowed.
Order Date :- 12.8.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad