AWADH SINGH AND 3 OTHERS v. State of U.P. AND ANOTHER
A482/24508/2024 · 2025-01-06
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 81192 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 81192 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:3260 Court No. - 73 Case :- APPLICATION U/S 482 No. - 24508 of 2024 Applicant :- Awadh Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tinku Singh Counsel for Opposite Party :- G.A.,Vijay Singh Gour Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants, learned counsel for the opposite party no. 2 and learned AGA for the State.
2. This application u/s 482 Cr.P.C. has been filed for quashing of the entire proceedings of complaint case No. 2634 of 2020, under Sections 147, 307 IPC, P.S. Rura, District Kanpur Dehat, pending in the court of C.J.M., Kanpur Dehat, on the basis of compromise arrived at between the parties.
3. It has been submitted by learned counsel for the applicants that the complainant has lodged first information report was lodged on 27.07.1999 and after investigation, police have submitted final report in favour of the applicants. The complainant has preferred a protest petition, which was allowed on 01.09.2001 by observing that a prima facie case under Sections 147, 307 IPC is made out and a direction was made to proceed the matter as a complaint case. The order dated 01.09.2001 was stayed by this Court and now both the parties have amicably settled the dispute and compromised the matter. It was submitted that the main co- accused Drag Pal Singh has already passed away. The injured/opposite party no. 2 does not want to pursue the impugned proceedings against the applicants. It was stated that in pursuance of the order dated 03.05.2024 passed by this Court in Application u/s 482 No. 4370 of 2024, the compromise filed by the parties
before the trial court concerned, has already been verified by the court concerned, copy of which has been annexed as annexure no. 18 to the application. It was further 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/injured 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 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 complaint proceedings may be quashed on the basis of compromise between the parties. In the instant case, it appears that the case pertains to the year 1999 and the dispute between the parties appears to be private in nature and it would not have any serious impact on society if parties compromise the matter. The injured has not sustained any serious injury on vital part. The main co-accused Drag Pal Singh has already passed away. In view of the facts of the matter it appears that no case under Section 307 IPC is made out against the applicants. There is nothing to indicate that parties have any criminal antecedents. The injured does not want to proceed with the case against the applicants. 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 entire proceedings of the aforesaid complaint case against applicants, namely, Awadh Singh, Arjun Singh, Rajoo and Guddu are hereby quashed.
9. The application u/s 482 Cr.P.C. is allowed.
Order Date :- 7.1.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad