Amit Kumar Gupta and 4 Others Vs State of Up and Another

Neutral Citation No. - 2025:AHC:19300

Court No. - 73

Case :- APPLICATION U/S 482 No. - 2465 of 2024

Applicant :- Amit Kumar Gupta And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rupendra Kumar Mishra Counsel for Opposite Party :- G.A.,Vijay Bahadur Yadav

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned AGA for the State.

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This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including summoning order dated 24.06.2023, of Complaint Case No. 12309 of 2023 (Ayush Garg Vs. Amit Kumar Gupta and others), under Sections 420, 323, 504, 506 IPC, P.S. Nagfani, District Moradabad, pending in the court of ACJM, Court No. 4, Moradabad, on the basis of compromise arrived at between the parties.

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It has been submitted by learned counsel for the applicants that matter relates to private dispute between the parties and both the parties have amicably settled the dispute and compromised the matter and the complainant of the case does not want to pursue the impugned proceedings. The compromise filed by the parties before the trial court concerned, has already been verified by the court concerned, copy of which is on record. 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 /complainant has concurred with the arguments of learned counsel for the applicants and submitted that both the parties have amicably settled the dispute and compromised the matter and the complainant does not want to proceed with the case pending before the trial court and the impugned proceedings may be quashed.

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Learned A.G.A. has no objection if parties compromise the matter.

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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 private dispute 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 complainant does not want to proceed with the impugned case. The compromise filed by the parties before the trial court, has already been verified by the court concerned. 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, entire impugned proceedings, including summoning order of the aforesaid complaint case, against applicants, namely, Amit Kumar Gupta, Manoj Kumar Chauhan, Mohd. Yaseen, Taufeek & Sakreen are hereby quashed.

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

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Order Date :- 10.2.2025

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'SP'/-

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Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Amit Kumar Gupta and 4 Others v. State of Up and Another

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