Ashutosh Kumar Dubey and Another Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Ashutosh Kumar Dubey and Another Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the proceedings of Case No. 11685/2023, arising out of Case Crime No. 297/2022, under Sections 323, 325, 506 IPC, P.S. Madiyaon, District Lucknow, pending before Judicial Magistrate-III, Lucknow.

Issue for consideration

Whether the proceeding of Case No. 11685/2023, arising out of Case Crime No. 297/2022, under Sections 323, 325, 506 IPC, P.S. Madiyaon, District Lucknow, pending before Judicial Magistrate-III, Lucknow, should be quashed on the ground that the parties have settled the matter by entering into a compromise.

Court's answer

The application is allowed: the criminal proceedings may be quashed on the basis of the compromise between the parties, which stands verified by the trial court, together with the consent of opposite party no. 2 to the proceedings being quashed.

Ratio / Principle

The proceeding of Case No. 11685/2023, arising out of Case Crime No. 297/2022, under Sections 323, 325, 506 IPC, P.S. Madiyaon, District Lucknow, pending before Judicial Magistrate-III, Lucknow, is hereby quashed.

Detailed headnote1 paragraphs

Quashing — Section 482 Cr.P.C — compromise/settlement between parties — verification of compromise by trial court — consent of opposite party. By an application under Section 482 Cr.P.C, Ashutosh Kumar Dubey and another sought quashing of the proceeding of Case No. 11685/2023 (arising out of Case Crime No. 297/2022, under Sections 323, 325, 506 IPC, P.S. Madiyaon, District Lucknow) pending before Judicial Magistrate-III, Lucknow, on the ground that the parties had entered into a compromise on 19.05.2025 (Annexure No. 3 to the application). Pursuant to an order dated 27.05.2025 directing verification, the Judicial Magistrate-III, Lucknow verified the compromise by order dated 10.06.2025 in case no. 11685 of 2023 (annexed to the supplementary affidavit). Learned counsel for opposite party no. 2 supported the prayer and consented to quashing. Hon'ble Subhash Vidyarthi, J. allowed the petition and quashed the proceedings. (High Court of Judicature at Allahabad, Lucknow Bench, Court No. 15; Order dated 2.7.2025; Neutral Citation 2025:AHC-LKO:37666.)

Neutral Citation No. - 2025:AHC-LKO:37666

Court No. - 15

Case :- APPLICATION U/S 482 No. - 4432 of 2025

Applicant :- Ashutosh Kumar Dubey And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Upendra Kumar Yadav,Vaibhav Dev Singh Yadav Counsel for Opposite Party :- G.A.,Ayush Pandey,Deo Narain Nath Singh Yadav,Nazrul Islam

Hon'ble Subhash Vidyarthi,J.

Heard Sri Vaibhav Dev Singh Yadav, learned counsel for the applicants, Sri Angad Vishwakarma, learned A.G.A for the State, Sri Ayush Pandey, learned counsel for the opposite party no. 2. Supplementary affidavit filed today is taken on record.

By means of the instant application filed under Section 482 Cr.P.C, the applicant has sought quashing of the proceeding of Case No. 11685/2023, arising out of Case Crime No. 297/2022, under Sections 323, 325, 506 IPC, P.S. Madiyaon, District Lucknow, pending before Judicial Magistrate-III, Lucknow, on the ground that the parties have already been entered into a settlement.

The quashing of the proceedings has been sought on the ground that the parties have entered into a compromise on 19.05.2025, which has been annexed as Annexure No. 3 to the application.

By means of an order dated 27.05.2025 the trial court was directed to verify the compromise. The compromise has been verified by means of an order dated 10.06.2025 passed by the learned Judicial Magistrate-III, Lucknow in case no. 11685 of 2023, which is annexed as Annexue No. 1 to the supplementary affidavit.

Learned counsel for the opposite party no. 2 has supported the prayer made by the applicants and has given his consent for proceedings being quashed on the basis of compromise.

Accordingly, the present petition is allowed and the proceeding of Case No. 11685/2023, arising out of Case Crime No. 297/2022, under Sections 323, 325, 506 IPC, P.S. Madiyaon, District Lucknow, pending before Judicial MagistrateIII, Lucknow, are hereby quashed.

Order Date :- 2.7.2025 Pradeep/-

Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench