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2025 DAILYLAW 87037 (ALL)

SMT. NEETU AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/26696/2024 · 2025-07-20

Anish Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:117648 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (SL No.6) Court No. - 78 Case :- APPLICATION U/S 482 No. - 26696 of 2024 Applicant :- Smt. Neetu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- M J Akhtar,Shahzad Alam,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri V.M. Zaidi, learned Senior Counsel assisted by Sri Shahzad Alam, learned counsel for the applicants, Sri learned counsel for the opposite party no.2 and Sri Vijay Rathi, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the order judgement and order dated 20.01.2024 as well as order dated 26.07.2024 passed in Complaint Case No. 4074 of 2023 (Poonam vs. Yogesh and Others) under Sections 323, 354, 504, 506 I.P.C., Police Station- Modinagar, District- Ghaziabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 5, Ghaziabad. 3. Learned counsel of the applicants submits that the instant complaint case was lodged by the opposite party no.2 as a counterblast to the F.I.R. lodged by the applicants herein against the opposite party no.2 and others. Subsequent thereto, during the pendency of the said complaint case, the parties have settled their disputes amicably, and a compromise was executed between the parties, whereby the opposite party no.2 had specifically stated that she does not want any action in the instant complaint case. 4. The said compromise was directed to be verified by the trial court vide order dated 06.05.2025 passed by this Court. Vide order dated 17.07.2025, the trial court has verified the compromise executed between the parties in the presence of the parties. In view thereof, learned counsel for the applicant seeks to quash the entire proceedings of the instant complaint case against the applicants herein. 5. In view of the aforesaid compromise, which has been verified by the trial court, learned A.G.A. do not oppose the prayer made for quashing of the entire proceedings in the complaint case. 6. Having heard the rival submissions made by learned counsels for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that a complaint in the instant case was lodged by the opposite party no.2, alleging an incident dated 08.03.2023 due to a minor incident in road rage, in which none of the parties have sustained any injury. Subsequent thereto, the parties have settled their disputes amicably, and a compromise as aforesaid has been executed between the parties, which has been verified by the trial court, pursuant to the earlier order dated 06.05.2025 passed by this Court. 7. In view of the verification of the compromise, which was done by the trial court in presence of the parties, wherein the opposite party no.2 has categorically stated that she does not want to prosecute the complaint case against the applicants. In view of the settlement of dispute between the parties, as aforesaid the peace will prevail in the society and no fruitful purpose will be serving by keeping the criminal proceedings pending against the applicants in the instant case. 8. In view thereof, the instant application is allowed in terms of the compromise between the parties and the impugned judgement and order dated 20.01.2024 as well as order dated 26.07.2024 and the entire proceedings of Complaint Case No. 4074 of 2023 (Poonam vs. Yogesh and Others) under Sections 323, 354, 504, 506 I.P.C., Police Station- Modinagar, District- Ghaziabad, are hereby quashed. Order Date :- 21.7.2025 Shubham Arya (Anish Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad