DHARMENDRA PANDEY AND ANOTHER v. State of U.P. AND ANOTHER
A482/26395/2024 · 2025-09-23
Yogesh Dubey Joint Registrar Judicial
body2025
DailyLaw.ai
[ 2025 DAILYLAW 86343 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 86343 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 26395 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Ajay Kumar Pandey, learned counsel for the applicants, Shri Abhishek Dwivedi, Advocate holding brief of Shri Ram Prakash Dwivedi,
learned counsel for opposite party no. 2 and Shri B.P. Maurya, learned AGA for the State.
2. This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including proceedings of Session Trial No.353 of 2010 (State of U.P. Vs. Dharmendra Pandey and another), arising out of Case Crime No.338 of 2009, under Section 307 IPC, P.S. New Agra, District Agra, pending in the court of learned Additional District and Sessions Judge, Court No.16, Agra, on the basis of compromise arrived at between the parties.
3. It is contended by learned counsel for the applicants that the applicants and opposite party no.2 have entered into compromise and the same has been verified by the learned Court concerned and a report regarding the same is on the record. It is further submitted that there is a cross case also and in that case compromise has been arrived at between the parties. It is further submitted that the injuries sustained by the injured is on the vital part and the same has been caused due to firearm. Learned counsel for the applicants further prays that in view of the compromise entered into between the applicants and opposite party no.2, the proceeding of the aforesaid case be quashed.
4. On the other hand, learned counsel for the opposite party no.2 and learned Versus Counsel for Applicant(s) : Ajay Kumar Pandey Counsel for Opposite Party(s) : G.A., Pranshu Dwivedi, Ram Prakash Dwivedi Dharmendra Pandey And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
AGA for the State have no objection to the above submissions made by
learned counsel for the applicants.
5. In view of the fact that applicants and opposite party no.2 have entered into compromise and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise is already on the record and taking note of the law laid down by Hon'ble Supreme Court in the case of Naushey Ali vs State of UP, 2025 INSC 182 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed, in respect of the applicants. 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.
6. In view of the aforesaid, the impugned charge-sheets/cognizance- summoning order and entire proceedings of Case Crime No.338 of 2009, under Section 307 IPC, P.S. New Agra, District Agra, pending in the court of learned Additional District and Sessions Judge, Court No.16, Agra, against the applicants, are hereby quashed.
7. The application u/s 482 Cr.P.C. is allowed. September 24, 2025 RKM A482 No. 26395 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad