Vijay Kumar and 3 Others Vs State of U.P. and 6 Others — Allahabad HC (2025) — LawSathi Research

Vijay Kumar and 3 Others Vs State of U.P. and 6 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the charge-sheet No.01 of 2022 dated 05.11.2022, the summoning order dated 09.08.2023, and the entire proceedings of Criminal Case No.10548 of 2023 (State vs. Vijay Kumar and others) arising out of Case Crime No.421 of 2022, under Sections 323, 308, 504, 506 I.P.C., Police Station Dudhara, District Sant Kabir Nagar; the Section 482 application was allowed.

Issue for consideration

Whether the charge-sheet No.01 of 2022, the summoning order dated 09.08.2023 and the entire proceedings of Criminal Case No.10548 of 2023 (State vs. Vijay Kumar and others), arising out of Case Crime No.421 of 2022 under Sections 323, 308, 504, 506 I.P.C., Police Station Dudhara, District Sant Kabir Nagar, should be quashed in view of the out-of-court compromise between the parties.

Court's answer

Considering the facts and circumstances (including the out-of-court settlement and submissions of counsel for both sides), the Court was of the considered opinion that no useful purpose would be served by prolonging the proceedings of the said criminal case.

Ratio / Principle

The impugned criminal proceeding in Criminal Case No.10548 of 2023 (State vs. Vijay Kumar and others), arising out of Case Crime No.421 of 2022 under Sections 323, 308, 504, 506 I.P.C., Police Station Dudhara, District Sant Kabir Nagar, pending before the Civil Judge (Junior Division)/F.T.C. 1, Sant Kabir Nagar, is hereby quashed.

Key takeaways

The application under Section 482 Cr.P.C. is accordingly allowed.ratio¶¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Deepak Verma, J.; order dated 08.07.2025) allowed Application U/S 482 No. 23678 of 2024 filed by Vijay Kumar and 3 others, thereby quashing charge-sheet No.01 of 2022 dated 05.11.2022, the summoning order dated 09.08.2023, and the entire proceedings of Criminal Case No.10548 of 2023 (State vs. Vijay Kumar and others), arising out of Case Crime No.421 of 2022 under Sections 323, 308, 504, 506 I.P.C., Police Station Dudhara, District Sant Kabir Nagar. Both parties had lodged FIRs against each other and received injuries, and thereafter amicably settled the dispute out of court; pursuant to this Court's order dated 25.07.2024, the trial court verified the parties and the contents of the agreement on 16.10.2024, and opposite party no. 2 did not wish to pursue the case. Relying on Narindra Singh v. State of Punjab (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai v. State of Gujarat (2017) 9 SCC 641, Gian Singh v. State of Punjab (2012) 10 SCC 303 and State of M.P. v. Laxmi Narayanan (2019) 5 SCC 688, and referring to Shaifullah v. State of U.P. [2013 (83) ACC 278], the Court held that no useful purpose would be served by prolonging the proceedings and quashed them.

Neutral Citation No. - 2025:AHC:107224

Court No. - 72

Case :- APPLICATION U/S 482 No. - 23678 of 2024

Applicant :- Vijay Kumar And 3 Others Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A.,Jagdish Prasad Mishra

Hon'ble Deepak Verma,J.

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

The present 482 Cr.P.C. application has been filed to quash the charge-sheet No.01 of 2022 dated 05.11.2022, summoning order dated 09.08.2023 as well as entire proceedings of Criminal Case No.10548 of 2023 (State vs. Vijay Kumar and others) arising out of Case Crime No.421 of 2022, under sections 323, 308, 504, 506 I.P.C., Police Station Dudhara, District Sant Kabir Nagar, pending in the court of Civil Judge (Junior Division)/F.T.C,.1, Sant Kabir Nagar.

Learned counsel for the applicants submitted that applicants are innocent and have been falsely implicated in the present case. Learned counsel for the applicants next submitted that both the parties have lodged FIR against each other and received injuries. Thereafter they have amicably settled the dispute out of Court and on account of compromise, they filed Application u/s 482 Cr.P.C. and this Court by order dated 25.07.2024 directed both the parties to appear before the court concerned within three weeks from today. Trial Court in pursuance of this Court's order dated 25.07.2024 verified the parties on 16.10.2024 through their counsel and contents of agreement. Thereafter, trial court has transmitted the verification report dated 16.10.2024, the same is on record. Since parties have settled the dispute out of Court and injured have received injuries but in presence of the senior members of the society, they have compromised the matter out of Court the settled the dispute. Learned counsel fore the opposite party no.2 does not want to pursue the case further and proceeding be quashed in terms of compromise.

Learned AGA and learned counsel for the opposite party no.2 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 Criminal Case No.10548 of 2023 (State vs. Vijay Kumar and others) arising out of Case Crime No.421 of 2022, under sections 323, 308, 504, 506 I.P.C., Police Station Dudhara, District Sant Kabir Nagar, pending in the court of Civil Judge (Junior Division)/F.T.C,.1, Sant Kabir Nagar is hereby quashed.

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

Order Date :- 8.7.2025 SKD

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