ROOP KISHOR AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
A482/41471/2022 · 2026-09-27
Deepak Verma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9819 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9819 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 41471 of 2022 Court No. - 74 HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicants, Sri Mayank Maurya, Advocate, holding brief of Sri Vipin Kumar, learned counsel for opposite party no. 2 and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire criminal proceedings of Complaint Case No. 1062 of 2021 (Smt. Radha vs. Roop Kishor and others), under Section 498A, 354, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Kotwali Nagar, District Etah, as well as summoning order dated 29.08.2022, pending in the court of Chief Judicial Magistrate, Etah. 3. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicant approached this Hon'ble Court by filing this 482 application with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 11th May, 2026 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 26th May, 2026 verified the parties as well as compromise application. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want Versus Counsel for Applicant(s) : Mool Chandra Maurya Counsel for Opposite Party(s) : G.A., Vipin Kumar Roop Kishor And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 have settled through compromise their private and civil dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 4. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed. 5. Learned AGA submitted that both the parties have settled their dispute out of the Court, hence, no reason to proceed further. 6.
The Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble Apex 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 the Hon'ble Apex Court in the aforesaid cases has been explained in detail. 7. 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. A482 No. 41471 of 2022 2
8. Accordingly, the entire criminal proceedings of Complaint Case No. 1062 of 2021 (Smt. Radha vs. Roop Kishor and others), under Section 498A, 354, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Kotwali Nagar, District Etah, as well as summoning order dated 29.08.2022, pending in the court of Chief Judicial Magistrate, Etah is hereby quashed. 9. This application under Section 482 Cr.P.C./ 528 BNSS is accordingly allowed. September 28, 2026 v.k. updh. A482 No. 41471 of 2022 3 (Deepak Verma,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad