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2025 DAILYLAW 90123 (ALL)

BHARAT CHAUHAN AND 3 OTHERS v. State of U.P. AND ANOTHER

A482/28888/2024 · 2025-02-11

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20049 Court No. - 73 Case :- APPLICATION U/S 482 No. - 28888 of 2024 Applicant :- Bharat Chauhan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Udai Shankar Chauhan Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings of Complaint Case No. 4068 of 2008 (Paras Chauhan Vs. Bharat Chauhan and Others), under Sections 323, 452, 504, 506 I.P.C., P.S. Ghosi, District Mau, pending in the court of Additional Chief Judicial Magistrate, Mau on the basis of compromise arrived at between the parties. 3. It has been submitted by learned counsel for the applicants that applicant no. 1 as well as opposite party no. 2 / complainant are real brothers and that alleged incident took place due to some misconception. Now, both the parties have amicably settled the dispute and compromised the matter. The complainant / opposite party no. 2 does not want to pursue the impugned proceedings. In pursuance the order of this Court, both the parties have filed compromise before the Trial Court, which has duly been verified and report of the same is available on record. It was submitted that in view of the aforesaid facts and circumstances, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties. 4. Learned A.G.A. has no objection if parties compromise the matter. 5. I have considered the submissions and perused the record. 6. It is well settled that in appropriate cases, criminal proceedings may be quashed on the basis of compromise. In the instant matter, both the parties are members of one and same family and in fact applicant no. 1 is brother of complainant / opposite party no. 2. The applicant nos. 2 and 3 are nephew of complainant. The complainant has sustained simple injury. The dispute between the parties is private in nature and if parties compromise the matter, it would not have any adverse impact on the society. 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 and report of verification is on record. 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. 7. In view of the aforesaid, the entire proceedings of the aforesaid case against applicants, namely, Bharat Chauhan, Ramashish Chauhan, Raj Kumar Chauhan and Rekha are hereby quashed. 8. The application u/s 482 Cr.P.C. is allowed. Order Date :- 11.2.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad