Shival Vidhudi and 4 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Shival Vidhudi and 4 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the impugned charge-sheets/cognizance-summoning order and the entire proceedings of Case No. 8301 of 2024 (State Vs. Mayank Vidhudi and others), arising out of Case Crime No. 58 of 2024 under Sections 147, 308, 323, 506 I.P.C., pending in the Court of the Civil Judge (S.D.)/F.T.C./Additional Chief Judicial Magistrate, Gautam Budh Nagar, against the applicants, namely, Shival Vidhudi, Mayank Vidhudi, Manu @ Monu, Najaf and Rohit.

Issue for consideration

Whether the charge-sheets/cognizance-summoning order and the entire proceedings of Case No. 8301 of 2024 (State Vs. Mayank Vidhudi and others), arising out of Case Crime No. 58 of 2024 under Sections 147, 308, 323, 506 I.P.C., pending before the Civil Judge (S.D.)/F.T.C./Additional Chief Judicial Magistrate, Gautam Budh Nagar, should be quashed on the basis of the compromise arrived at between the parties.

Court's answer

It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise; where parties compromise the matter, it would not have adverse impact on society.

Ratio / Principle

Considering that both parties had settled all disputes and compromised the matter, the verified compromise on record, the absence of any adverse impact on society, nothing to indicate criminal antecedents of the parties, the counter affidavit of opposite party no. 2, and the law laid down in State of Madhya Pradesh Vs. Laxmi Narayan and others, it would be in the interest of justice that the impugned proceedings be quashed.

Detailed headnote1 paragraphs

Quashing of criminal proceedings on the basis of compromise - Application u/s 482 Cr.P.C. by Shival Vidhudi and four others (Shival Vidhudi, Mayank Vidhudi, Manu @ Monu, Najaf and Rohit) seeking quashing of the charge-sheets/cognizance-summoning order and entire proceedings of Case No. 8301 of 2024 (State Vs. Mayank Vidhudi and others), arising out of Case Crime No. 58 of 2024 under Sections 147, 308, 323, 506 I.P.C., P.S- Phase-2, District- Gautam Budh Nagar, pending before the Civil Judge (S.D.)/F.T.C./Additional Chief Judicial Magistrate, Gautam Budh Nagar - Parties had amicably settled all disputes; compromise already verified by the trial court with the verification report on record; the complainant (opposite party no. 2) did not wish to pursue the proceedings and filed a counter affidavit supporting quashing; learned AGA raised no objection - Nothing to indicate criminal antecedents of the parties and quashing would not adversely impact society - Acting on the law laid down in State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296, the High Court (Jitendra Kumar Sinha, J.) held that quashing would serve the interest of justice - Impugned charge-sheets/cognizance-summoning order and entire proceedings quashed against all five named applicants; application allowed (September 10, 2025).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 42867 of 2024

Shival Vidhudi And 4 Others

.....Applicant(s)

	Versus
State of U.P. and Another		....	.Opposite Party(s)
Counsel for Applicant(s)	: Sunny Srivastava, Srivastava	Vivek	Kumar
Counsel for Opposite Party(s)	: Manu Srivastava

Court No. - 89

HON'BLE JITENDRA KUMAR SINHA, J.

The matter has been taken up as mentioned cases.

Heard Mr. Vivek Kumar Srivastava, learned counsel for the applicants, Mr. Abhishek Tandon, learned counsel for opposite party no. 2 and Mr. B.P. Singh, learned AGA for the State.

The present application has been filed with prayer to quash entire proceedings of Case No.- 8301 of 2024 (State Vs. Mayank Vidhudi and others) arising out of Case Crime No.- 58 of 2024 under Sections 147, 308, 323, 506 I.P.C., P.S- Phase-2, District- Gautam Budh Nagar, pending in the Court of learned Civil Judge (S.D.)/F.T.C./Additional Chief Judicial Magistrate, Gautam Budh Nagar on the basis of compromise.

It has been submitted by learned counsel for the applicants that the applicants and opposite party no.2 have entered into compromise and they have amicably settled all the disputes on the basis of compromise. The compromise has already been verified by learned court concerned and report of proceedings of verification of compromise is on record. 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.

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

I have considered the submissions and perused the record.

A482 No. 42867 of 2024

2

It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise. In the instant case it was submitted that both the parties have settled all the disputes and compromised the matter. 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.

In view of the aforesaid, the impugned charge-sheets/cognizancesummoning order and entire proceedings of Case No.- 8301 of 2024 (State Vs. Mayank Vidhudi and others) arising out of Case Crime No.- 58 of 2024 under Sections 147, 308, 323, 506 I.P.C., P.S- Phase-2, District- Gautam Budh Nagar, pending in the Court of learned Civil Judge (S.D.)/F.T.C./Additional Chief Judicial Magistrate, Gautam Budh Nagar, against applicants, namely, Shival Vidhudi, Mayank Vidhudi, Manu @ Monu, Najaf and Rohit are hereby quashed.

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

(Jitendra Kumar Sinha,J.)

September 10, 2025 Virendra

Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad