Abhishek Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:136215

Court No. - 89

Case :- APPLICATION U/S 482 No. - 35917 of 2024 Applicant :- Abhishek Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Agrahari Counsel for Opposite Party :- Suyash Mehrotra,G.A.

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Hon'ble Jitendra Kumar Sinha,J.

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Heard Shri Dhirendra Kumar Agrahari, learned counsel for the applicant, Shri Suyash Mehrotra, learned counsel for opposite party no. 2 and Shri Manoj Gautam, 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 charge sheet dated 05.11.2021 as well as entire proceedings of Sessions Trial No.142 of 2022 (State Vs. Abhishek), arising out of Case Crime No.172 of 2021, under Sections 363, 366 IPC, P.S. Ahar, District Bulandshahr, pending in the court of Additional District Judge/ F.T.C.-Ist, Bulandshahr, on the basis of compromise arrived at between the parties.

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It has been submitted by learned counsel for the applicant that the dispute between the parties is matrimonial dispute and during mediation, both the parties have amicably settled all the disputes and they have agreed for withdrawal of all cases, including present case, pending between the parties. All the conditions of mediation have been complied with. It was submitted that the complainant does not want to pursue the impugned proceedings. 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 has concurred with the arguments of learned counsel for the applicant and submitted that both the parties have amicably settled the dispute and compromised the matter and the complainant/ opposite party no.2 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 counsel for the opposite party no.2 and learned A.G.A. have no objection if parties compromise the matter.

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6. 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 matrimonial dispute and it was submitted that both the parties have settled all the disputes and compromised the matter. The dispute between the parties is civil in nature and it was submitted on behalf of both the parties that impugned proceedings may be quashed on the basis of compromise 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 counter affidavit of opposite party no.2 is also on record, wherein it has been stated that the impugned proceedings may be quashed. 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, the impugned chargesheets/cognizance-summoning order and entire proceedings of Case Crime No.172 of 2021, under Sections 363, 366 IPC, P.S. Ahar, District Bulandshahr, pending in the court of Additional District Judge/ F.T.C.-Ist, Bulandshahr, against the applicant, is hereby quashed.

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

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Order Date :- 12.8.2025 RKM

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Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad

Abhishek v. State of U.P. and Another

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