Aakash and 4 Others Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

Aakash and 4 Others Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the impugned summoning order dated 17.05.2019 and the entire proceedings of Complaint Case No. 6904707 of 202018 (Ravi Kumar Vs. Aakash and Others) against applicants Aakash, Smt. Meena, Dinesh, Amresh and Rajesh; application u/s 482 Cr.P.C. allowed.

Issue for consideration

Whether the entire proceedings, including the impugned summoning order dated 17.05.2019, of Complaint Case No. 6904707 of 202018 under Sections - 379, 323, 504, 506, 452 I.P.C., pending before the Additional Chief Judicial Magistrate, Court No. 10, Agra, may be quashed on the basis of the compromise arrived at between the parties.

Court's answer

In appropriate cases, criminal proceedings may be quashed on the basis of a compromise between the parties.

Ratio / Principle

Since the dispute between the parties is private in nature, the compromise filed before the Trial Court has been verified by the court concerned, and quashing would have no adverse impact on society, it would be in the interest of justice that the impugned proceedings be quashed, considering the law laid down in State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296.

Key takeaways

The impugned summoning order and the entire proceedings of the aforesaid complaint case against applicants Aakash, Smt. Meena, Dinesh, Amresh and Rajesh were ordered to be quashed.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 71, Hon'ble Raj Beer Singh, J.) — Application u/s 482 Cr.P.C. allowed: the impugned summoning order dated 17.05.2019 and the entire proceedings of Complaint Case No. 6904707 of 202018 (Ravi Kumar Vs. Aakash and Others), under Sections - 379, 323, 504, 506, 452 I.P.C., Police Station - Shahganj, District - Agra, pending before Additional Chief Judicial Magistrate, Court No. 10, Agra, were quashed on the basis of a compromise arrived at between the parties and verified by the Trial Court pursuant to an order of this Court. The dispute being private in nature with no adverse impact on society, the quashing was done considering the law laid down in State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296. Order dated 17.3.2025.

Neutral Citation No. - 2025:AHC:37555

Court No. - 71

Case :- APPLICATION U/S 482 No. - 32452 of 2024

Applicant :- Aakash And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikash Kumar Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

Supplementary affidavit filed by learned counsel for the applicants is taken on record.

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

This application u/s 482 Cr.P.C. has been filed for quashing of the entire proceedings, including the impugned summoning order dated 17.05.2019, of Complaint Case No. 6904707 of 202018 (Ravi Kumar Vs. Aakash and Others), under Sections - 379, 323, 504, 506, 452 I.P.C., Police Station - Shahganj, District - Agra, pending in the court of Additional Chief Judicial Magistrate, Court No. 10, Agra on the basis of compromise arrived at between the parties.

It is submitted by learned counsel for the applicants that the impugned complaint was lodged due to misconception. Now, both the parties have amicably settled the disputes and compromised the case. In pursuance to the order of this Court, the compromise has already verified by the Trial Court concerned. It was submitted that in view of these facts and circumstances, no useful purpose would be served by keeping the impugned proceedings pending and thus, the same may be quashed on the basis of compromise arrived at between the parties.

Learned counsel for the opposite party no. 2 has also concurred with arguments of learned counsel for the applicants and submitted that both the parties have

amicably settled the dispute and compromised the case and thus, impugned proceedings may be quashed.

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

I have considered the submissions and perused the record.

It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise between the parties. In the instant case, it appears that dispute between the parties is private in nature. It was submitted on behalf of both the parties that both the parties have compromised the case and impugned proceedings may be quashed. If parties compromise the matter, it would not have any adverse impact on society. 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.

In view of the aforesaid, the impugned summoning order and entire proceedings of the aforesaid case against applicants, namely, Aakash, Smt. Meena, Dinesh, Amresh and Rajesh are, hereby, quashed.

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

Order Date :- 17.3.2025 SK Srivastava

Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad