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2025 DAILYLAW 93761 (ALL)

NAVEEN v. State of UP AND 5 OTHERS

A482/32066/2024 · 2025-08-21

Anish Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144453 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (SL No.4) Court No. - 78 Case :- APPLICATION U/S 482 No. - 32066 of 2024 Applicant :- Naveen Opposite Party :- State Of Up And 5 Others Counsel for Applicant :- Bipin Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Bipin Pal Singh, learned counsel for the applicant and Sri Rizwan Ahmad, learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 04.10.2013 passed in Complaint Case No. 287 of 2013 (Naveen vs. Deepak and Others) under Sections 148, 406, 452, 323, 504, 506, 427 I.P.C., P.S. Kunwargaon, District- Budaun, pending in the court of learned Judicial Magistrate, Court No. 1, Budaun in terms of compromise dated 10.05.2023. 3. Learned counsel of the applicants submits that there was a dispute with regard to goods purchased by the applicant on credit basis from the shop of the opposite party no.2 and when payment was demanded by the opposite party no.2, the incident of assault has taken place. Learned counsel for the applicant submits that during the pendency of the said case, the parties have settled their dispute amicably and a compromise dated 10.05.2023 was arrived at between the parties, wherein the opposite party no.2 has agreed not to proceed in the instant complaint case against the applicant herein. A copy of the said compromise has been annexed as Annexure 5 to the instant application. Vide order dated 28.04.2025, a Coordinate Bench of this Court has directed the parties to appear before the trial court for verification of the compromise. 4. As per the report received from the Additional Chief Judicial Magistrate, District- Badaun, dated 22.05.2025, the parties have appeared before the trial court concerned on 21.05.2025, and in presence of the parties the compromise arrived at between the parties was duly verified. Certified copies of the order dated 10.05.2023 and a copy of the order dated 21.05.2025 have also been annexed along with the report. 5. In view of the aforesaid compromise, which has been duly verified, learned counsel for the applicant seeks quashing of the entire proceedings of the instant case. 6. Looking at the nature of the dispute and its settlement, the learned A.G.A. do not oppose the prayer for quashing of the entire proceedings of the instant case. 7. Having heard the rival submissions so 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 in this case there was a dispute with regard to payment of Rs. 900/- for goods purchased by the applicant on credit basis from the opposite party no.2, due to which the instant complaint case was lodged by the opposite party no.2. Thus, the dispute between the parties was purely private in nature and which has been amicably settled to the satisfaction of the opposite party no.2 and a compromise dated 10.05.2023 was executed, which has been duly verified pursuant to the order of this Court, on 21.05.2025, by the trial court concerned. 8. In view thereof, no fruitful purpose will be served by keeping the criminal proceedings pending against the applicant, as that would be a futile exercise in view of the compromise. The settlement of dispute could not affect the society at large and the allegations alleged in the complaint case do not involve any heinous crime against the society at large. 9. In view thereof, the instant application is allowed in terms of the judgments of the Apex Court in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303, Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466, B.S.Joshi and Other vs. State of Haryana and Another : (2003) 4 SCC 675, Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641 and State of Madhya Pradesh vs. Laxmi Narayan and Ors. : (2019) 5 SCC 688 and the entire proceeding of the Complaint Case No. 287 of 2013 (Naveen vs. Deepak and Others) under Sections 148, 406, 452, 323, 504, 506, 427 I.P.C., P.S. Kunwargaon, District- Budaun, pending in the court of learned Judicial Magistrate, Court No. 1, Budaun, are hereby quashed. Order Date :- 22.8.2025 Shubham Arya (Anish Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad