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2025 DAILYLAW 84635 (ALL)

VISHAL AND 5 OTHERS v. State of U.P. AND ANOTHER

A482/26231/2024 · 2025-05-12

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78491 Court No. - 71 Case :- APPLICATION U/S 482 No. - 26231 of 2024 Applicant :- Vishal And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shubham Singh Counsel for Opposite Party :- Anand Pati Tiwari,G.A. Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed by learned counsel for the applicants is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned AGA for the State. 3. This application under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings, including charge sheet dated 30.10.2013 as well as cognizance / summoning order dated 02.12.2013, of Case No. 1178 of 2013 (State Vs. Vishal and others), arising out of Case Crime No. 64 / 320 / 13, under Sections 498A, 504 and 506 IPC, P.S.- Khurja Nagar, District- Bulandshahr, pending in the court of Additional Chief Judicial Magistrate, Khurja, Bulandshahr, on the basis of compromise arrived at between the parties. 4. It has been submitted by learned counsel for the applicants that applicant no. 1 is husband of opposite party no. 2 / informant and remaining applicants are family members of applicant no. 1 and the matter relates to matrimonial dispute. Now both the parties have amicably settled the dispute and compromised the matter and the informant of the case does not want to pursue the impugned proceedings. It was submitted that the compromise filed by the parties before the trial court concerned, has already been verified by the court, copy of which is 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. 5. Learned counsel for the opposite party no.2 / informant 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 informant does not want to proceed with the impugned proceedings pending before the trial court and the same may be quashed. 6. Learned A.G.A. has no objection if parties compromise the matter. 7. I have considered the submissions and perused the record. 8. It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise. In the instant case, matter relates to matrimonial dispute, which is private in nature. If parties compromise the matter, it would not have adverse impact on society. There is nothing to indicate that parties have any criminal antecedents. The informant does not want to proceed with the impugned 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. 9. In view of the aforesaid, entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case against applicants, namely, Vishal, Ramkumar, Premlata, Vandana, Seema & Ajay are hereby quashed. 10. The application u/s 482 Cr.P.C. is allowed. Order Date :- 13.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad