Udaynarayan and 8 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Udaynarayan and 8 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 482 allowed; the entire criminal proceeding consisting of the charge sheet dated 17.8.2021 and the summoning order dated 12.7.2022 in Case No. 3292 of 2022 arising out of Case Crime No. 211 of 2021 against the applicants was quashed.

Issue for consideration

Whether the criminal proceedings constituted by the charge sheet dated 17.8.2021 and the summoning order dated 12.7.2022 in Case No. 3292 of 2022 arising out of Case Crime No. 211 of 2021 (sections 147, 323, 504, 506, 452, 427, 308 IPC) should be quashed on the basis of the amicable settlement/compromise between the parties verified by the court concerned.

Court's answer

The parties had amicably settled all their disputes, agreed to withdraw all cases pending between them including the present case, and the settlement had been verified by the court concerned, with the report regarding the same available on record.

Ratio / Principle

Considering the law laid down in State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296, together with the facts of the matter, the court concluded that it would be in the interest of justice that the impugned proceedings be quashed.

Key takeaways

The entire criminal proceeding comprising the charge sheet dated 17.8.2021 and the summoning order dated 12.7.2022 in Case No. 3292 of 2022 arising out of Case Crime No. 211 of 2021, under sections 147, 323, 504, 506, 452, 427, 308 IPC, pending before Additional Session Judge Court No. 7, Kushi Nagar, against the applicants, is hereby quashed.ratio¶¶17

Detailed headnote1 paragraphs

Allahabad High Court (Jitendra Kumar Sinha, J.), deciding APPLICATION U/S 482 No. - 11430 of 2024 filed by Udaynarayan and 8 others against the State of U.P. and another, allowed the application on 09.09.2025 and quashed the entire criminal proceeding comprising the charge sheet dated 17.8.2021 and the summoning order dated 12.7.2022 in Case No. 3292 of 2022 arising out of Case Crime No. 211 of 2021 under sections 147, 323, 504, 506, 452, 427, 308 IPC, P.S. Patherwa, District Kushi Nagar, pending before Additional Session Judge Court No. 7, Padrauna. Grounds: the parties had amicably settled all disputes and agreed to withdraw all pending cases including the present case and the cross case, the settlement having been verified by the court concerned with the report on record; the learned AGA and counsel for opposite party no. 2 raised no objection; and, considering the law laid down in State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 along with the facts of the matter, the court held that quashing the proceedings was in the interest of justice.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 11430 of 2024

Udaynarayan And 8 Others

.....Applicant(s)

Versus
State of U.P. and Another .....Opposite Party(s)
Counsel for Applicant(s) : Priti Singh
Counsel for Opposite Party(s) : G.A., Munna Tiwari

Court No. - 89

HON'BLE JITENDRA KUMAR SINHA, J.

The matter is taken up on mentioning.

Heard Ms. Priti Singh, learned counsel for the applicants, Sri Munna Tiwari, learned counsel for the opposite party no. 2 and Sri B.P. Maurya, learned AGA for the State.

Instant application has been preferred for quashing of the charge sheet dated 17.8.2021 as well as summoning order dated 12.7.2022 in Case No. 3292 of 2022 arising out of Case Crime No. 211 of 2021, under sections 147, 323, 504, 506, 452, 427, 308 IPC, P.S. Patherwa, District Kushi Nagar is pending in the court of Additional Session Judge Court No. 7, Kushi Nagar, Situated at Padrauna. It is also prayed to stay the further proceeding of aforesaid case during pendency of the present application.

It is contended by learned counsel for the applicants that 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. It is also submitted that in cross case, parties have also entered into compromise. It is further submitted that in view of these facts and circumstances, no useful purpose would be served by keeping the impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties.

A482 No. 11430 of 2024

2

Learned A.G.A. for the State as well as learned counsel for the opposite party no. 2 has no objection.

I have considered the submissions and perused the record.

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.

In view of the aforesaid, the entire criminal proceeding of charge sheet dated 17.8.2021 as well as summoning order dated 12.7.2022 in Case No. 3292 of 2022 arising out of Case Crime No. 211 of 2021, under sections 147, 323, 504, 506, 452, 427, 308 IPC, P.S. Patherwa, District Kushi Nagar is pending in the court of Additional Session Judge Court No. 7, Kushi Nagar, Situated at Padrauna, against applicants, are hereby quashed.

The application is allowed.

(Jitendra Kumar Sinha,J.)

September 9, 2025 SY

Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad