Irfan and Others Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:141835

Court No. - 89

Case :- APPLICATION U/S 482 No. - 40400 of 2024 Applicant :- Irfan And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Sharma,Piyush Kumar Shukla Counsel for Opposite Party :- Mahesh Kumar Kuntal,G.A.

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Hon'ble Jitendra Kumar Sinha,J.

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Heard Shri Piyush Kumar Shukla, learned counsel for the applicants, Shri Mahesh Kumar Kuntal, learned counsel for opposite party no.2 and Shri S.D.Shukla, 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 19.07.2024 as well as entire proceedings of Case No. 18134 of 2024 (State Vs. Irfan and others), arising out of Case Crime No.102 of 2024, under Sections 147, 148, 149, 323, 324, 325, 336, 452, 504, 506, 308, 354-B IPC, P.S. Fatehpur Sikari, District Agra, pending in the court of learned Additional Chief Judicial Magistrate, Court No.7, Agra, 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 the dispute between the parties is civil 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 applicants 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 nos.2 to 7 and A.G.A. have 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 civil 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.102 of 2024, under Sections 147, 148, 149, 323, 324, 325, 336, 452, 504, 506, 308, 354-B IPC, P.S. Fatehpur Sikari, District Agra, pending in the court of learned Additional Chief Judicial Magistrate, Court No.7, Agra, against the applicants, are hereby quashed.

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

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Order Date :- 20.8.2025 RKM

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

Irfan and Others v. State of U.P. and Another

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