Virendra Singh Yadav and 6 Others Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Virendra Singh Yadav and 6 Others Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire proceedings of Criminal Case No.2124/2015, arising out of Case Crime No.442/2013, under Sections 147, 148, 149, 323, 504, 506 I.P.C., Police Station Malihabad, District Lucknow, pending before learned Special Chief Judicial Magistrate (Custom), Lucknow.

Issue for consideration

Whether the entire proceedings of Criminal Case No.2124/2015, arising out of Case Crime No.442/2013 (Sections 147, 148, 149, 323, 504, 506 I.P.C., Police Station Malihabad, District Lucknow), pending before the learned Special Chief Judicial Magistrate (Custom), Lucknow, should be quashed in view of the amicable settlement between the applicants and respondent no.2.

Court's answer

The present application under Section 482 Cr.P.C. is allowed and the criminal proceedings referred to supra (Criminal Case No.2124/2015) are quashed in their entirety.

Ratio / Principle

The quashing rested on the parties having settled their dispute outside the Court by way of compromise, the compromise having been verified by the learned trial court with the verification report dated 26.05.2022 on record.

Key takeaways

In allowing the application and quashing the proceedings, the Court relied on the law laid down by the Hon'ble Supreme Court of India in the judgments cited supra ((2003) 4 SCC 675; (2008) 9 SCC 677; (2008) 16 SCC 1; (2010) 15 SCC 118; (2014) 6 SCC 466).ratio¶13

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Lucknow Bench) [Hon'ble Om Prakash Shukla, J.] — Application U/S 482 No. 2120 of 2025; Order Date 7.3.2025; Neutral Citation 2025:AHC-LKO:14050. Applicants Virendra Singh Yadav and 6 others sought quashing of the entire proceedings of Criminal Case No.2124/2015, arising out of Case Crime No.442/2013, under Sections 147, 148, 149, 323, 504, 506 I.P.C., Police Station Malihabad, District Lucknow, pending before learned Special Chief Judicial Magistrate (Custom), Lucknow. The applicants and respondent no.2 had amicably settled their dispute outside court vide compromise dated 29.04.2022 (Annexure-6), verified by the learned trial court in compliance with this Court's order dated 11.05.2022; verification report dated 26.05.2022 on record. Invoking law laid down by the Hon'ble Supreme Court in B. S. Joshi :(2003) 4 SCC 675, Nikhil Merchant : (2008) 9 SCC 677, Manoj Sharma : (2008) 16 SCC 1, Gian Singh: (2010) 15 SCC 118 and Narinder Singh: (2014) 6 SCC 466, the Single Member bench allowed the Section 482 Cr.P.C. application and quashed the criminal proceedings in their entirety.

Neutral Citation No. - 2025:AHC-LKO:14050

Court No. - 30

Case :- APPLICATION U/S 482 No. - 2120 of 2025

Applicant :- Virendra Singh Yadav And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Ashok Kumar Srivastava,Avinash Srivastava

Counsel for Opposite Party :- G.A.

Hon'ble Om Prakash Shukla,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and Shri Arun Kumar Singh Parihar, who has filed his vakalatnama on behalf of the respondent No.2 today in the Court, which is taken on record.

The instant application seeks quashing of the entire proceedings of Criminal Case No.2124/2015, arising out of Case Crime No.442/2013, under Sections 147, 148, 149, 323, 504, 506 I.P.C., Police Station Malihabad, District Lucknow pending before learned Special Chief Judicial Magistrate (Custom), Lucknow.

Learned counsel for the parties submit that the applicants and respondent no.2 have amicably settled their dispute outside the court vide compromise dated 29.04.2022, copy of which is on record as Annexure-6 to the application.

Further it has been submitted by learned counsel for the applicants that in compliance of order passed by this Court dated 11.05.2022, the compromise has been verified by the learned trial court.

Learned counsel for respondent no.2 concedes the argument made by learned counsel for the applicants.

Learned counsel for the parties submits that in view of the judgments of Hon'ble Apex Court in B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus State of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466 , the proceedings pending before learned trial court are liable to be quashed.

In view of the fact that the parties have settled their dispute outside the Court by way of compromise and from perusal of the record it appears that the compromise has been verified by the learned trial court and the verification report dated 26.05.2022 is on record as well as law laid down by the Hon'ble Supreme Court of India in the cases (supra), the present application under Section 482 Cr.P.C. is allowed and the criminal proceedings (supra) are hereby quashed.

( Om Prakash Shukla,J. )

Order Date :- 7.3.2025 Saurabh

Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench