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2025 DAILYLAW 81931 (ALL)

VIJAY PAL v. State of U.P. AND 2 Others

A482/25424/2024 · 2025-08-11

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137295 Court No. - 89 Case :- APPLICATION U/S 482 No. - 25424 of 2024 Applicant :- Vijay Pal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Om Prakash Chaube Counsel for Opposite Party :- G.A.,Shravan Kumar Mishra,Snehil Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Om Prakash Chaubey, learned counsel for the applicant, learned counsel for the opposite party nos. 2 and 3 and learned AGA for the State. 2. This application u/s 482 Cr.P.C. has been preferred for quashing the entire proceedings of Sessions Trial No. 488 of 2021, under Sections 323 and 328 I.P.C., Police Station Kharela, District Mahoba arising out of Case Crime No. 59 of 2021, under Sections 323, and 328 I.P.C., pending in the Court of Sessions Judge, Mahoba, District Mahoba on the basis of compromise arrived at between the parties. 3. It has been submitted by learned counsel for the applicant that applicant and opposite party nos. 2 and 3 have entered into compromise and compromise has already been verified by the learned trial court. He further submitted that certified copy of the compromise and proceeding of compromise has been filed with the 3rd supplementary affidavit, which is taken on record. He further submitted that in view of the above, the applicant and opposite party nos. 2 and 3 have compromised the matter in Sessions Trial No. 488 of 2021, under Sections 323 and 328 I.P.C., Police Station Kharela, District Mahoba arising out of Case Crime No. 59 of 2021, under Sections 323, and 328 I.P.C., pending in the Court of Sessions Judge, Mahoba, District Mahoba be quashed. 4. On the other hand learned A.G.A. and learned Counsel for the opposite party nos. 2 and 3 have no objection in this regard. 5.Learned counsel for the opposite party no.2 and 3 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/opposite party nos.2 and 3 do not want to proceed with the case pending before the trial court and the impugned proceedings may be quashed. 6. I have considered the submissions and perused the record. 7. Since the matter has been compromised between the applicant and opposite party nos. 2 and 3 and compromise has already been verified by the learned trial court, copy of which has already been filed with the 3rd supplementary affidavit. 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. 8. In view of the aforesaid, proceeding of Sessions Trial No. 488 of 2021, under Sections 323 and 328 I.P.C., Police Station Kharela, District Mahoba arising out of Case Crime No. 59 of 2021, under Sections 323, and 328 I.P.C., pending in the Court of Sessions Judge, Mahoba, District Mahoba are hereby quashed. 9. 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