Smt Saroj and 4 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Smt Saroj and 4 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of charge sheet No. 51 of 2023 dated 12.02.2023, cognizance order dated 17.11.2023 and the entire proceeding of Case No.33426 of 2023 arising out of Case Crime No.51 of 2023, in respect of the applicants.

Issue for consideration

Whether the charge sheet No. 51 of 2023 dated 12.02.2023, its cognizance order dated 17.11.2023 and the entire proceeding of Case No.33426 of 2023 arising out of Case Crime No. 51 of 2023 (PS Sadar Bazar, District Agra) should be quashed in view of the compromise entered into between the applicants and opposite party no.2.

Court's answer

Since the applicants and opposite party no.2 had entered into a compromise already verified by the court concerned, with the verification report on record, and taking note of the law laid down by the Supreme Court in State of Madhya Pradesh Vs. Laxmi Narayan (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 respect of the applicants.

Ratio / Principle

Accordingly, the charge sheet No. 51 of 2023 dated 12.02.2023, its cognizance order dated 17.11.2023 and the entire proceeding of Case No.33426 of 2023 (State Vs. Dinesh and others), arising out of Case Crime No.51 of 2023, under Sections 147, 148, 323, 504, 506, 452, 324, 325 IPC, Police Station Sadar Bazar, District Agra, pending in the court of Chief Judicial Magistrate, Agra, are hereby quashed.

Key takeaways

The application under Section 482 Cr.P.C. is allowed.ratio¶¶15

Detailed headnote1 paragraphs

Allahabad High Court (Jitendra Kumar Sinha, J.), order dated 20.8.2025 — Application u/s 482 Cr.P.C. No. 11507 of 2024 (Smt Saroj And 4 Others Vs. State of U.P. and Another) allowed. Charge sheet No. 51 of 2023 dated 12.02.2023, its cognizance order dated 17.11.2023 and the entire proceeding of Case No.33426 of 2023 (State Vs. Dinesh and others), arising out of Case Crime No. 51 of 2023 under Sections 147, 148, 323, 504, 506, 452, 324, 325 IPC, Police Station Sadar Bazar, District Agra, pending before the Chief Judicial Magistrate, Agra, were quashed in respect of the applicants, because the applicants and opposite party no.2 had entered into a compromise already verified by the court concerned, the verification report being on record, the court acting in the interest of justice while taking note of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296.

Neutral Citation No. - 2025:AHC:142798

Court No. - 89

Case :- APPLICATION U/S 482 No. - 11507 of 2024

Applicant :- Smt Saroj And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kunal Kumar,Uma Dutt Shukla Counsel for Opposite Party :- G.A.,Prabhat Kumar Tiwari

Hon'ble Jitendra Kumar Sinha,J.

Supplementary affidavit filed on behalf of the applicants, is taken on record.

The case is taken up on mentioning.

Heard Sri Uma Dutt Shukla, learned counsel for the applicants, Sri Prabhat Kumar Tiwari, learned counsel for opposite party no.2 and Sri Uma Shankar Mishra, learned AGA for the State-opposite party no.1.

This application u/s 482 Cr.P.C. has been preferred with prayer to quash the charge sheet No. 51 of 2023 dated 12.02.2023 and its cognizance order dated 17.11.2023 as well as entire proceeding of Case No.33426 of 2023 (State Vs. Dinesh and others), arising out of Case Crime No.51 of 2023, under sections 147, 148, 323, 504, 506, 452, 324, 325, IPC, Police Station Sadar Bazar, District Agra, pending in the court of Chief Judicial Magistrate, Agra.

It is contended by learned counsel for the applicants that applicants and opposite party no.2 have entered into compromise and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise sent by the court concerned is already on the record. He further

submits that certified copy of the proceeding of compromise verification is also on record and annexed as annexure no.S.A.-2 to the supplementary affidavit. Learned counsel for the applicants further prays that in view of the compromise entered into between the applicants and opposite party no.2, the proceeding of the aforesaid case be quashed.

On the other hand, learned counsel for the opposite party no.2 and learned AGA for the State have no objection to the above submissions made by learned counsel for the applicants.

In view of the fact that applicants and opposite party no.2 have entered into compromised and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise sent by the court concerned is already on the record and taking note of the law laid down by Hon'ble Supreme Court 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 respect of the applicants.

In view of the aforesaid, the charge sheet No. 51 of 2023 dated 12.02.2023 and its cognizance order dated 17.11.2023 as well as entire proceeding of Case No.33426 of 2023 (State Vs. Dinesh and others), arising out of Case Crime No.51 of 2023, under sections 147, 148, 323, 504, 506, 452, 324, 325, IPC, Police Station Sadar Bazar, District Agra, pending in the court of Chief Judicial Magistrate, Agra, are hereby quashed.

The application u/s 482 Cr.P.C. is hereby allowed .

Order Date :- 20.8.2025 VKG

Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad