Jashwant Yadav @ Jashwant Kumar and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Jashwant Yadav @ Jashwant Kumar and 3 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 proceedings in Case No.50/IX/2023 (State vs. Jaswant Kumar and others) arising out of Case Crime No.18 of 2023, under sections 323, 504, 506 I.P.C., Police Station GRP, District Banda, pending before the Additional Chief Judicial Magistrate (Rly.), Banda.

Issue for consideration

Whether the entire criminal proceedings in Case No.50/IX/2023 (State vs. Jaswant Kumar and others) arising out of Case Crime No.18 of 2023, under sections 323, 504, 506 I.P.C., Police Station GRP, District Banda, should be quashed under Section 482 Cr.P.C. in view of the out-of-court compromise between the parties, duly verified by the trial court.

Court's answer

In view of the facts and circumstances, the submissions of counsel, and the compromise between the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the said case.

Ratio / Principle

The impugned criminal proceeding in Case No.50/IX/2023 (State vs. Jaswant Kumar and others) arising out of Case Crime No.18 of 2023, under sections 323, 504, 506 I.P.C., Police Station GRP, District Banda, pending before the Additional Chief Judicial Magistrate (Rly.), Banda, is quashed.

Key takeaways

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

Detailed headnote1 paragraphs

Quashing — Section 482 Cr.P.C. — compromise between parties. Criminal proceedings in Case No.50/IX/2023 (State vs. Jaswant Kumar and others), arising out of Case Crime No.18 of 2023 under sections 323, 504, 506 I.P.C., Police Station GRP, District Banda, pending before the Additional Chief Judicial Magistrate (Rly.), Banda, were quashed. The parties had amicably settled the dispute out of Court by compromise deed dated 03.10.2023; on an earlier application (No.35056 of 2023) this Court had by order dated 21.09.2023 directed the parties to appear before the trial court for verification, and the trial court verified the compromise on 25.10.2023 (verification report on record). Relying on Supreme Court decisions (Narindra Singh, Parbatbhai Aahir, Gian Singh, Laxmi Narayanan) that compromise can be made even in respect of certain cognizable and noncompoundable offences, and the Allahabad High Court decision in Shaifullah, the Court held that no useful purpose would be served by prolonging the proceedings, quashed them, and allowed the application.

Neutral Citation No. - 2025:AHC:101388

Court No. - 72

Case :- APPLICATION U/S 482 No. - 17376 of 2024

Applicant :- Jashwant Yadav @ Jashwant Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Garg Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Vakalatnama filed today by Sri Neerendra Mohan, Advocate, on behalf of opposite party no.2, is taken on record.

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

Heard learned counsel for the applicants and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No.50/IX/2023 (State vs. Jaswant Kumar and others) arising out of Case Crime No.18 of 2023, under sections 323, 504, 506 I.P.C., Police Station GRP, District Banda, pending in the court of Additional Chief Judicial Magistrate (Rly.), Banda.

Learned counsel for the applicants submitted that applicants are innocent and have been falsely implicated in the present case. Learned counsel for the applicants submitted that the parties have amicably settled the dispute and entered into compromise out of Court, the compromise deed dated 03.10.2023 has filed as Annexure 4 to the application. Earlier applicants approached this Court by way of filing Application u/s 482 Cr.P.C.No.35056 of 2023 (Jaswant Yadav and three others vs. State of U.P. & another) for quashing the proceeding. This Court by order dated 21.09.2023 directed the parties to appear before trial court for verification as parties have compromised the matter. In pursuance of order of this Court dated 21.09.2023 parties appeared before the trial court on 25.10.2023 for verification of compromise and they have been verified by the trial court. A verification report of Additional Chief Judicial Magistrate, Banda dated 25.10.2023 is on record. Trial court on 25.10.2023 verified the parties through their counsels. Opposite party no.2 does not want to pursue the case further and proceeding be quashed in terms of compromise.

Learned AGA submitted that both the parties have settled their dispute out of the Court, hence, no reason to proceed further.

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 noncompoundable 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.

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.

Accordingly, the impugned criminal proceeding in Case No.50/IX/2023 (State vs. Jaswant Kumar and others) arising out of Case Crime No.18 of 2023, under sections 323, 504, 506 I.P.C., Police Station GRP, District Banda, pending in the court of Additional Chief Judicial Magistrate (Rly.), Banda, is hereby quashed.

This application under Section 482 Cr.P.C. is accordingly allowed .

Order Date :- 1.7.2025 SKD

Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad