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2025 DAILYLAW 89291 (ALL)

SURENDRA KUMAR AND 2 OTHERS v. State of U.P. AND ANOTHER

A482/28958/2024 · 2025-10-08

Rajiv Lochan Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 28958 of 2024 Court No. - 83 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard Mr. Atul Kumar, Learned counsel for the applicants, Mr. Krishna Kanhaiya Soni, Learned counsel for the complainant/informant, Learned A.G.A. for the State and perused the material brought on the record. 2. Challenge in the present application under Section 482 Cr.P.C. is to the entire criminal proceedings, including summoning order dated 25.03.2022, of Complaint Case No. 1230 of 2020 (Vimal Kumar Vs. Surendra Kumar and others), under Sections 323, 406, 452, 504, 506 IPC, P.S.- Rakabganj, District- Agra pending in the court of Civil Judge (J.D.)/ Judicial Magistrate/F.T.C., Agra. 3. Supplementary affidavit filed by the Learned counsel for the applicants is taken on the record. 4. Mr. Atul Kumar, Learned counsel for the applicants, Mr. Krishna Kanhaiya Soni, Learned counsel for the complainant/informant jointly stated that the parties have entered into a compromise and vide order dated 17.3.2025, the said compromise was directed to be verified and the report to that effect be sent to the Court. 5. Today, when the matter is being taken up, a supplementary affidavit annexing the certified copy of the verification of the compromise has been filed and a compliance report pursuant to the earlier order dated 18.9.2025 has also been filed. 6. Learned counsels for the parties submit that the parties were neighbours and due to some misunderstanding, litigation on the criminal side commenced. However, the monetary dispute has been resolved and parties have entered into a voluntary compromise. The compromise deed dated 25.6.2024 will be honoured by both the Versus Counsel for Applicant(s) : Atul Kumar, Chanchal Sin Sinwar, Kajal Seth, Veer Singh Counsel for Opposite Party(s) : G.A., Krishna Kanhaiya Soni Surendra Kumar And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) parties and may be part of this order. They further submits that considering the amicable resolve of the dispute, it would not be in the interest of justice to prolong the litigation in further. 7. Learned A.G.A. for the State-respondents could not dispute the aforesaid facts. 8. This Court is not unmindful of the judgements of the Hon'ble Supreme Court in the cases of:- (i). Nikhil Merchant Vs. Central Bureau of Investigation [2008) 9 SCC 677]. (ii). Manoj Sharma Vs. State and others ( 2008) 16 SCC 1. (iii). Gian Singh Vs. State of Punjab (2012) 10 SCC 303. (iv). Narinder Singh and others Vs. State of Punjab ( 2014) 6 SCC 466. Wherein the Hon'ble Supreme Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which, law expounded by Hon'ble Supreme Court in the aforesaid cases has been explained in detail. 9. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case. 10. Accordingly, the entire criminal proceedings, including summoning order dated 25.03.2022, of Complaint Case No. 1230 of 2020 (Vimal Kumar Vs. Surendra Kumar and others), under Sections 323, 406, 452, 504, 506 IPC, P.S.- Rakabganj, District- Agra pending in the court of Civil Judge (J.D.)/ Judicial Magistrate/F.T.C., Agra., are hereby quashed. 11. The instant application is, accordingly, allowed. October 9, 2025 Sachin A482 No. 28958 of 2024 2 (Rajiv Lochan Shukla,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad