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2025 DAILYLAW 8052 (ALL)

SHAFEEQ AHMAD v. State of UP AND ANOTHER

A482/173/2024 · 2025-01-14

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6626 Court No. - 73 Case :- APPLICATION U/S 482 No. - 173 of 2024 Applicant :- Shafeeq Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhay Mishra Counsel for Opposite Party :- G.A.,Prateek Srivastava Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned counsel for opposite party no. 2/complainant and learned AGA for the State. 2. This application u/s 482 Cr.P.C. has been filed for quashing of the entire proceedings, including summoning order dated 09.03.2022, of complaint case No. 387 of 2021, under Sections 452, 354-B, 323, 363/511 IPC, P.S. Patwai, District Rampur, pending in the court of J.M., Rampur, on the basis of compromise arrived at between the parties. 3. It has been submitted by learned counsel for the applicant that the dispute between the parties is private in nature and that now both the parties have amicably settled the dispute and compromised the matter. The complainant of the case does not want to pursue the impugned proceedings. In alleged incident no one has sustained any serious injury. It was stated that the compromise, filed by the parties before the trial court concerned, has already been verified by the court concerned, copy of which is also 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 opposite party no. 2/complainant has concurred with the arguments of learned counsel for the applicant and submitted that both the parties have amicably settled the dispute and compromised the matter and the complainant 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 between the parties. In the instant case, it appears that the dispute between the parties is private in nature and does not have any serious impact on society if parties compromise the matter. The complainant is a mature lady and her main allegation was that the applicant has tried to kidnap her. There is nothing to indicate that parties have any criminal antecedents. None of the party has sustained any injury. The complainant does not want to proceed with the case against the applicant. 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, the impugned summoning order and entire proceedings of the aforesaid complaint case against applicant are hereby quashed. 9. The application u/s 482 Cr.P.C. is allowed. Order Date :- 15.1.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad