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2025 DAILYLAW 91872 (ALL)

AMRESH TIWARI AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

NA528/33628/2025 · 2025-09-10

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33628 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Rahul Shukla holding brief of Sri Mahendra Tripathi, learned counsel for the applicants and Sri S.D. Shukla, learned AGA for the State. 2. Instant application has been preferred for quashing of the charge sheet nos. 370 of 2022 and 370A/2022 dated 30.8.2022 and 11.8.2024 as well as entire proceeding of Case no. 13897 of 2022, Case Crime No. 171 of 2022, under sections 354, 323, 504, 506, 342 IPC, P.S. Jagdishpura, District Agra on the basis of compromise.It is also prayed to stay the further proceeding of aforesaid case during pendency of the present application. 3. It is contended by learned counsel for the applicants that pursuant to the order dated 16.6.2025 passed by co-ordinate Bench of this Court in Application under section 43278 of 2024, the applicants and opposite party no.2 appeared before the learned court concerned and the learned court concerned has verified the compromise entered into between them vide order dated 21.7.2025 which is at page no. 63 of the memo of application and certified copy of the compromise is at page 59 of the memo of application. Applicant and opposite party no. 2 have amicably settled all the disputes and they have agreed for withdrawal of all cases, including present case, pending between the parties and the same has been verified by the court concerned. A report regarding the same is available on record. It is further submitted that in view of these facts and circumstances, no useful purpose would be served by keeping the Versus Counsel for Applicant(s) : Mahendra Tripathi Counsel for Opposite Party(s) : G.A. Amresh Tiwari And 2 Others .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties. 4. Learned A.G.A. for the State has no objection. 5. I have considered the submissions and perused the record. 6. Both the parties have amicably settled all the disputes and they have agreed for withdrawal of all cases, including present case, pending between the parties and the same has been verified by the court concerned. A report regarding the same is available 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, charge sheet nos. 370 of 2022 and 370A/2022 dated 30.8.2022 and 11.8.2024 as well as entire proceeding of Case no. 13897 of 2022, Case Crime No. 171 of 2022, under sections 354, 323, 504, 506, 342 IPC, P.S. Jagdishpura, District Agra, against applicants, are hereby quashed. 8. The application is allowed. September 11, 2025 SY NA528 No. 33628 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad