SMT INDIRA DEVI AND 6 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/28545/2025 · 2025-09-11
Yogesh Dubey Joint Registrar Judicial
body2025
DailyLaw.ai
[ 2025 DAILYLAW 82627 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 82627 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 28545 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Amit Kumar Srivastava, learned counsel for the applicants, Sri Pradeep Narayan Pandey, learned counsel for the opposite party no. 2 and Sri Manoj Gautam, learned AGA for the State. 3. Instant application has been preferred for quashing the entire proceedings of criminal case no. 1229 of 2013, arising out of case crime no. 1880 of 2012, under sections 147, 148, 323, 504, 506, 352 IPC, P.S. Kotwali, District Basti pending in the court of Chief Judicial Magistrate, Basti in view of the compromise arrived at between the parties. It is also prayed to stay the further proceeding of aforesaid case during pendency of the present application. 4. It is contended by learned counsel for the applicants that both the applicants and opposite party no. 2 have entered into compromise in the First Appeal No. 670 of 2017. It is further submitted that matter relates to some matrimonial dispute and both sides have amicably settled all the disputes and they have agreed for withdrawal of all cases, including present case, pending between the parties. Learned counsel further submitted that on the basis of compromise in First Appeal No. 670 of 2017, proceedings of three cases have been quashed against accused and others vide orders dated 23.7.2025, 23.7.2025 and 3.6.2025 in Application U/S 482 No. 34345 of 2024, 34243 of 2024 and 34445 of 2024, respectively. It is further submitted that in view of these facts and circumstances, no useful purpose would be served by keeping the Versus Counsel for Applicant(s) : Amit Kumar Srivastava Counsel for Opposite Party(s) : Pardeep Narayan Pandey, Ramanand Pandey, G.A. Smt Indira Devi And 6 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties. 5. Learned AGA as well as learned counsel for the opposite party no. 2 does not dispute the fact that parties have entered into compromise in First Appeal No. 670 of 2017 which is duly verified by the court concerned. It is further submitted that he would have no objection in case criminal proceedings are put to an end. 6. I have considered the submissions and perused the record. 7.
Both the parties have have entered into compromise in the First Appeal No. 670 of 2017 and they have settled all the disputes and they have agreed for withdrawal of all cases, including present case, pending between the parties. The matter relates to some matrimonial dispute and on the basis of compromise in First Appeal No. 670 of 2017, proceedings of three cases have been quashed against accused and others vide orders dated 23.7.2025, 23.7.2025 and 3.6.2025 in Application U/S 482 Nos. 34345 of 2024, 34243 of 2024 and 34445 of 2024 respectively. 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 criminal proceeding of criminal case no. 1229 of 2013, arising out of case crime no. 1880 of 2012, under sections 147, 148, 323, 504, 506, 352 IPC, P.S. Kotwali, District Basti pending in the court of Chief Judicial Magistrate, Basti, against applicants, are hereby quashed. 9. The application is allowed. September 12, 2025 SY NA528 No. 28545 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad