Amarnath Alias Vishram Kushwaha and 3 Others Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:64109

Court No. - 84

Case :- APPLICATION U/S 482 No. - 39517 of 2024

Applicant :- Amarnath Alias Vishram Kushwaha And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Mishra Counsel for Opposite Party :- Sumit Kumar Gupta,G.A.

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Hon'ble Deepak Verma,J.

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1.Supplementary affidavit filed by the applicants is taken on record.

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Heard learned counsel for the applicants; learned counsel for the opposite party no. 2; learned A.G.A. for the State and perused the record.

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The present 482 Cr.P.C. application has been filed to quash the entire proceeding of quash the entire proceeding of Criminal Case No.3634 of 2011 (State versus Amarnath and others) arising out of Case Crime No.231 of 2008, Under Sections 325, 323 and 504 I.P.C. (N.C.R no.146/2008), Police Station-Jhunsi, District-Prayagraj pending in the court of Additional Chief Judicial Magistrate-V, Allahabad in pursuance of compromise dated 26.09.2024.

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Learned counsel for the applicants submits that applicants challenged the aforesaid proceedings by way of filing instant 482 Application to quash the entire proceedings pending against the applicants as parties have compromised the matter and the Co-ordinate Bench of this Court vide order dated 21.11.2024 after hearing and considering that parties entered into compromise, sent the matter before the trial court for verification of the parties.

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Pursuant to the said order dated 21.11.2024, the parties appeared before the court below and in their presence, after due verification of the parties and contents of the compromise made between them, the court vide order dated 12.12.2024 has passed the verification report. A copy of the same is annexed with the supplementary application.

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Learned counsel for the applicant has submitted that the applicant and opposite party no.2 have settled their private and civil dispute through compromise and as such opposite party no.2 does not wish to press the aforesaid case against the

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applicant. Opposite party no.2 is ready to withdraw the prosecution of the applicant and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.

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Learned A.G.A. and counsel for the opposite party no. 2 do not dispute the correctness of the submission made by learned counsel for the applicant or the correctness of the documents relied upon by him.

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In view of the facts and circumstances of the case, the applicant and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.

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Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceedings of Criminal Case No.3634 of 2011 (State versus Amarnath and others) arising out of Case Crime No.231 of 2008, Under Sections 325, 323 and 504 I.P.C. (N.C.R no.146/2008), Police Station-Jhunsi, District-Prayagraj is hereby quashed.

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This application under Section 482 CrPC is accordingly allowed.

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Order Date :- 25.4.2025 Asha

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Digitally signed by :- ASHA High Court of Judicature at Allahabad

Amarnath Alias Vishram Kushwaha and 3 Others v. State of U.P. and Another

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