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2025 DAILYLAW 77618 (ALL)

RAM NARESH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/22966/2024 · 2025-09-09

Yogesh Dubey Joint Registrar Judicial

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 22966 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. The matter has been taken up as mentioned cases. 2. Heard Mr. Surendra Pratap Singh, Advocate holding brief of Mr. Prashant Sharma, learned counsel for the applicants, Mr. Srikant Tiwari, learned counsel for opposite party no. 2 and Mr. B.P. Singh, learned AGA for the State. 3. Learned counsel for the applicant prays for making correction in the prayer portion of memo of application by inserting Section 504 of I.P.C. 4. The prayer is allowed. 5. Learned counsel for the applicants is directed to make necessary correction in the prayer portion of memo of application during the course of day. 6. The present application has been filed with prayer to quash entire proceedings of Session Trial No.- 53 of 2013 (State Vs. Ram Naresh and other) arising out of Case Crime No.- 246 of Versus Counsel for Applicant(s) : Prashant Sharma, Surendra Pratap Singh Counsel for Opposite Party(s) : G.A., Saket Kumar Mishra, Upendra Malviya Ram Naresh And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 2011 under Sections 323, 324, 325, 308, 504 I.P.C., P.S- Dibiyapur, District- Auraiya, pending in the Court of learned Additional District judge/Session Court No.1, Auraiya, on the basis of compromise. 7. 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. 8. Learned A.G.A. has no objection if parties compromise the matter. 9. I have considered the submissions and perused the record. 10. 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. A482 No. 22966 of 2024 2 11. In view of the aforesaid, the impugned charge- sheets/cognizance-summoning order and entire proceedings of Session Trial No.- 53 of 2013 (State Vs. Ram Naresh and other) arising out of Case Crime No.- 246 of 2011 under Sections 323, 324, 325, 308, 504 I.P.C., P.S- Dibiyapur, District- Auraiya, pending in the Court of learned Additional District judge/Session Court No.1, Auraiya, against applicants, namely, Ram Naresh, Suresh Babu and Tinku are hereby quashed. 12. The application u/s 482 Cr.P.C. is allowed. September 10, 2025 Virendra A482 No. 22966 of 2024 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad