Rais Alam Alias Rais Ahmad vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:140586

Court No. - 89

Case :- APPLICATION U/S 482 No. - 17601 of 2024

Applicant :- Rais Alam Alias Rais Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kumar Ashutosh Srivastava Counsel for Opposite Party :- G.A.,Nagendra Pratap Singh

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Hon'ble Jitendra Kumar Sinha,J.

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The matter has been taken up on the mention slip given by learned counsel for the applicant.

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Heard Shri Akhil Tiwari holding brief of Sri Ashutosh Srivastava, learned counsel for the applicant, Sri Girjesh Kumar Srivastava holding brief of Sri Nagendra Pratap Singh, learned counsel for the opposite party no. 2 and Sri J.P. Singh, learned AGA for the State.

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This application u/s 482 Cr.P.C. has been preferred for quashing the cognizance order dated 11.10.2019 passed by learned Chief Judicial Magistrate, Moradabad as well as entire proceeding of Criminal Case No. 9073 of 2019 arising out in Case Crime No. 100 of 2018 under sections 420, 467, 468, 471, 506 IPC., P.S. Civil Lines, District Moradabad pending in the court of Chief Judicial Magistrate, Moradabad. It is also prayed to stay the further proceeding of the aforesaid case during pendency of the present application.

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It has been submitted by learned counsel for the applicant that the dispute between the parties is civil dispute and during mediation, 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. All the conditions of mediation have been complied with. It was submitted that the complainant does not want to pursue the impugned proceedings. It was stated 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.

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Learned counsel for the opposite party no.2 has concurred with the arguments of learned counsel for the applicant and submitted

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that both the parties have amicably settled the dispute and compromised the matter and the complainant/ opposite party no.2 does not want to proceed with the case pending before the trial court and the impugned proceedings may be quashed.

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On the other hand learned AGA for the State pointed out that compromise has only been entered between applicant and opposite party no. 2 and other accused persons have not entered into compromise with the opposite party no. 2.

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I have considered the submissions and perused the record.

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It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise. In the instant case, matter relates to civil dispute and it was submitted that both the parties have settled all the disputes and compromised the matter. The dispute between the parties is civil in nature and it was submitted on behalf of both the parties that impugned proceedings may be quashed on the basis of compromise between the parties. If parties compromise the matter, it would not have adverse impact on society. There is nothing to indicate that parties have any criminal antecedents. The copy of compromise between the applicant and opposite party no. 2 is also annexed as annexure no. 3 to the application. 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.

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In view of the aforesaid, the impugned chargesheets/cognizance-summoning order and entire proceedings of Criminal Case No. 9073 of 2019 arising out in Case Crime No. 100 of 2018 under sections 420, 467, 468, 471, 506 IPC., P.S. Civil Lines, District Moradabad pending in the court of Chief Judicial Magistrate, Moradabad, against the applicant herein, is hereby quashed.

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

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Order Date :- 18.8.2025 SY

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

Rais Alam Alias Rais Ahmad v. State of U.P. and Another

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Rais Alam Alias Rais Ahmad v. State of U.P. and Another

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