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

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

What the court decided

AI extract

Outcome

Quashing of the entire criminal proceeding of the charge sheet dated 9.10.2021 and the summoning order dated 12.12.2022 in Case No. 7889 of 2022 arising out of Case Crime No. 221 of 2021, under sections 147, 323, 325, 504, 506, 308 IPC, P.S. Patherwa, District Kushi Nagar, pending in the court of Additional Session Judge Court no. 7, Kushi Nagar, Padrauna, against the applicants.

Issue for consideration

Whether the charge sheet dated 9.10.2021 and summoning order dated 12.12.2022 in Case No. 7889 of 2022 arising out of Case Crime No. 221 of 2021 (sections 147, 323, 325, 504, 506, 308 IPC) pending before the Additional Session Judge Court no. 7, Kushi Nagar, Padrauna, may be quashed on the basis of the compromise arrived at between the parties.

Court's answer

Since both parties have amicably settled all disputes, including in the cross case, and the settlement has been verified by the court concerned with a report on record, considering the law laid down in State of Madhya Pradesh v. Laxmi Narayan and others and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed.

Ratio / Principle

Accordingly, the entire criminal proceeding comprising the charge sheet dated 9.10.2021 and summoning order dated 12.12.2022 in Case No. 7889 of 2022 arising out of Case Crime No. 221 of 2021, under sections 147, 323, 325, 504, 506, 308 IPC, pending in the court of Additional Session Judge Court no. 7, Kushi Nagar, Padrauna, against the applicants, is hereby quashed.

Detailed headnote1 paragraphs

Criminal Procedure - Quashing of proceedings on compromise - Application u/s 482 No. 11892 of 2024, Pradeep Rai and Others v. State of U.P. and Another (High Court of Judicature at Allahabad, Jitendra Kumar Sinha, J., decided September 9, 2025) allowed. Entire criminal proceeding of charge sheet dated 9.10.2021 and summoning order dated 12.12.2022 in Case No. 7889 of 2022 arising out of Case Crime No. 221 of 2021, under sections 147, 323, 325, 504, 506, 308 IPC, P.S. Patherwa, District Kushi Nagar, pending in the court of Additional Session Judge Court no. 7, Kushi Nagar, Padrauna, quashed. Grounds: both parties had amicably settled all disputes and agreed to withdraw all pending cases including the present case and the cross case; the compromise was verified by the court concerned and the report was on record; learned A.G.A. and counsel for opposite party no. 2 raised no objection. Decision taken considering the law laid down in State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 11892 of 2024

Pradeep Rai And Others

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

Court No. - 89

HON'BLE JITENDRA KUMAR SINHA, J.

The matter is taken up on mentioning.

Heard Mr. Munna Tiwari, learned counsel for the applicants, Sri Nitendra Kumar Dubey holding brief of Ms. Priti Singh, learned counsel for the opposite party no. 2 and Sri B.P. Singh, learned AGA for the State.

Instant application has been preferred for quashing of the charge sheet dated 9.10.2021 as well as summoning order dated 12.12.2022 in Case No. 7889 of 2022 arising out of Case Crime No. 221 of 2021, under sections 147, 323, 325, 504, 506, 308 IPC, P.S. Patherwa, District Kushi Nagar is pending in the court of Additional Session Judge Court no. 7, Kushi Nagar, 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 there is a cross case of this case also and 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. 11892 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. There is a cross case of this case also and in cross case parties have also entered into compromise. 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 9.10.2021 as well as summoning order dated 12.12.2022 in Case No. 7889 of 2022 arising out of Case Crime No. 221 of 2021, under sections 147, 323, 325, 504, 506, 308 IPC, P.S. Patherwa, District Kushi Nagar is pending in the court of Additional Session Judge Court no. 7, Kushi Nagar, 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