NAVIN KUMAR RASTOGI AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A482/3262/2023 · 2025-01-23
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8527 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8527 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:13108 Court No. - 73 Case :- APPLICATION U/S 482 No. - 3262 of 2023 Applicant :- Navin Kumar Rastogi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamal Kishor Mishra,Sharad Rastogi Counsel for Opposite Party :- Alok Kumar Rai,Dharm Vir Jaiswal,G.A.,Harsh Vikram 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 preferred for quashing of the entire proceedings, including summoning order dated 03.12.2022, of Complaint Case No. 1886 of 2022 (Umang Agarwal Vs. Navin Kumar Rastogi and Others), under Sections 323, 506, 406 IPC, P.S. Kotwali Sambhal, District Sambhal, pending in the court of Judicial Magistrate, Sambhal, on the basis of compromise arrived at between the parties.
3. It has been argued by the learned counsel for the applicants that essentially the matter relates to business transaction and dispute between the parties is civil in nature. By order dated 30.05.2024 matter was referred for mediation and during mediation both the parties have amicably settled the dispute and compromised the case. The report of mediation is annexed in connected Application under Section 482 Cr.P.C. No.2392 of 2025. It was submitted that now the complainant does not want to proceed with the impugned proceedings. 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.
4. Learned counsel for the opposite party no.2 /complainant 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 impugned 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 criminal proceedings may be quashed on the basis of compromise. In the instant case, the matter relates to business transaction, which is private in nature. The complainant does not want to pursue the impugned proceedings. If parties compromise the matter, it would not have adverse impact on society. There is nothing to indicate that parties have any criminal antecedents. On behalf of both the parties, it has been submitted that the matter has been settled and all the terms and conditions of settlement have been complied with. 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, entire impugned proceedings, including summoning
order of the aforesaid case, against applicants, namely, Navin Rastogi, Parth Rastogi, Praveen Rastogi & Dhanesh Rastogi are hereby quashed.
9. The application u/s 482 Cr.P.C. is allowed.
Order Date :- 24.1.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad