Ashok and 2 Others vs State of Up and Another

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Neutral Citation No. - 2025:AHC:123372

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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

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(Sl. No.45)

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 31886 of 2024

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Applicant :- Ashok And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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Heard Sri Amit Kumar, learned counsel for the applicant and Sri Rizwan Ahmad, learned AGA for the State.

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This application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 27.09.2021 passed in Complaint Case No. 30 of 2021 (Smt. Roopa vs. Ashok and Others) under Sections 452, 354A, 354B, 323, 504, 506 I.P.C., P.S.- Garh Mukteshwar, District- Hapur, pending in the court of learned Chief Judicial Magistrate, Garh Mukteshwar, Hapur, in terms of the compromise.

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Learned counsel for the applicant submits that the applicant and the opposite party no.2 are the family members and there was some dispute with regard to the drainage between them. Both sides have filed cases against each other. Due to intervention of the elders and well wishers of both sides, the parties have settled their dispute amicably. Now no dispute remains between them and a compromise was executed between the parties and a joint application dated 18.01.2025 was filed by the applicant as well the opposite party no.2 before the trial court concerned and, this Court vide order dated 06.01.2025 had directed the parties to appear before the trial court concerned for verification of the said compromise. Vide order dated 18.01.2025, the trial court verified the compromise executed between the parties. Therefore, learned counsel for the applicant seeks quashing of the entire proceeding of the instant case.

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Learned AGA looking at the nature of dispute between the parties, who are the family members and execution of compromise and verification thereof, learned AGA did not

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oppose the prayer for quashing of the the instant case on the basis of said settlement/compromise between the parties.

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Having heard the submissions so made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that there was a dispute between the applicant and the opposite party no.2, who are the family members with regard to the drainage of water due to which both the parties have filed cases against each other and after intervention of elders and well wishers of both the parties, the parties have settled their dispute and a compromise dated 01.04.2023 was executed between the parties, which was filed before the court below and the certified copy of which has been produced along with the instant application as annexure-4.

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Vide order dated 06.01.2025, this Court has directed the parties to appear before the trial court for verification of the compromise. On 18.01.2025, the parties have appeared before the trial court concerned to verify the compromise and the trial court has verified the compromise in presence of the parties, a certified copy of the order verifying the compromise has been placed on record by way of supplementary affidavit today in Court, which is taken record.

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In view of the settlement / compromise, which has been duly verified and peace will prevail between the parties, who are the family members, consequently, in the interest of justice as well no fruitful prupose would be served by keeping the proceeding pending against the applicant.

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In view thereof and in the light of the judgements of the Apex Court in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003)4 SCC 67 , the instant application is allowed and the entire proceedings in Complaint Case No. 30 of 2021 (Smt. Roopa vs. Ashok and Others) under Sections 452, 354A, 354B, 323, 504, 506 I.P.C., P.S.- Garh Mukteshwar, District- Hapur, pending in the court of learned Chief Judicial Magistrate, Garh Mukteshwar, Hapur, are hereby quashed .

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Order Date :- 25.7.2025 Ashish Pd.

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(Anish Kumar Gupta,J.)

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Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad

Ashok and 2 Others v. State of Up and Another

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Ashok and 2 Others v. State of Up and Another

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