NASARUDDIN AND 2 OTHERS v. State of UP AND ANOTHER
A482/843/2024 · 2025-03-16
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8772 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8772 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:37561 Court No. - 71 Case :- APPLICATION U/S 482 No. - 843 of 2024 Applicant :- Nasaruddin And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Mishra Counsel for Opposite Party :- G.A.,Sudhir Kumar Tripathi 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 the summoning order dated 12.05.2023, of Complaint Case No. 11159 of 2023 (Rizwan Khan Vs. Nasaruddin and Others), under Sections 420, 504 IPC, P.S. Chiluatal, District Gorakhpur, pending in the court of Civil Judge (S.D.)-IInd, Gorakhpur, on the basis of compromise arrived at between the parties. 3. It has been argued by the learned counsel for the applicants that the dispute between the parties relates to sale and purchase of land, which is private in nature and that now both the parties have amicably settled the dispute and the complainant of the case does not want to pursue the impugned proceedings. The compromise filed by the parties before the trial court concerned, has already been verified by the court concerned, 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. 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 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 sale and purchase of land between the parties, which is private in nature. If parties compromise the matter, it would not have adverse impact on society. The complainant of the case does not want to pursue the impugned proceedings.
There is nothing to indicate that parties have any criminal antecedents. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering 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, Nasaruddin, Alauddin @ Alluddin Khan & Nizamuddin are hereby quashed. 9. The application u/s 482 Cr.P.C. is allowed. Order Date :- 17.3.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad