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2025 DAILYLAW 84303 (ALL)

GANTAR AND 4 OTHERS v. State of U.P. AND ANOTHER

A482/25757/2024 · 2025-07-30

Anish Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:127608 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 1) Court No. - 78 Case :- APPLICATION U/S 482 No. - 25757 of 2024 Applicant :- Gantar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Mishra,Krishna Kumar Shukla Counsel for Opposite Party :- G.A.,Shailendra Kumar Ojha Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Ashutosh Mishra, learned counsel for the applicants, Sri Shailendra Kumar Ojha, learned counsel for the opposite party no. 2 and Sri S.K. Ojha, learned A.G.A for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the entire criminal proceedings of Complaint Case No. 88 of 2024 (Siddh Nath Mishra vs. Gantar and others) under Section 452, 392, 504, 323, 506 IPC, Police Station-Shiwali, District-Kanpur Dehat as well as summoning order dated 12.3.2024. 3. Learned counsel for the applicants submits that during the pendency of the aforesaid complaint case, the parties have settled their dispute amicably as there was a dispute between them with regard to agricultural land which has been duly settled due to intervention of elders and well-wishers of both the parties. In pursuance whereof a compromise agreement dated 3.4.2025 was executed between the parties. 4. This Court vide order dated 18.2.2025 had directed the parties to appear before the trial court for verification of compromise. As per the report received from the trial court, the parties had appeared before the trial court on 29.4.2025 and the trial court has verified the compromise executed between the parties in their presence and a report to that effect has also been sent to this Court. 5. In view of the aforesaid settlement, which has been duly verified by the trial court in presence of the parties, learned counsel for the applicant as well as learned counsel for the opposite party no. 2 seeks quashing of the entire proceedings pending against the parties. 6. Per contra, learned A.G.A. submits that since the instant case involves the offence under Section 392 IPC, which is a major offence and the same has a larger impact on the society, therefore, the proceedings cannot be quashed on the basis of compromise arrived at between the parties. 7. Having heard the rival submissions made by learned counsel for the parties, this Court has carefully gone through the record of the case. 8. In the instant case, the applicants as well as the opposite party no. 2 are the family members. There was a dispute with regard to share in the agricultural land and the produce therefrom and in the instant case only theft and loot of the agricultural produce has been alleged. There is no injury sustained by any one during the entire process. Thus, in the considered opinion of this Court, since the basic nature of dispute in the instant case is a family dispute which the parties have settled amicably due to intervention of well-wishers and elders of the family and thus, out of the aforesaid settlement there will be no impact on the society at large. Otherwise also, once the parties have settled their dispute amicably, the proceedings in the instant case will be a futile exercise as the parties will not depose against each other. Thus, no fruitful purpose will be served by keeping the criminal proceedings pending against the applicants. 9. In view thereof and in the light of the judgements of the Apex Court in Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003)4 SCC 67, the entire proceedings of Complaint Case No. 88 of 2024 (Siddh Nath Mishra vs. Gantar and others) under Section 452, 392, 504, 323, 506 IPC, Police Station-Shiwali, District-Kanpur Dehat, are hereby quashed. 10. The application stands allowed. Order Date :- 31.7.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad