Manoj Kumar Mishra and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Manoj Kumar Mishra and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 482 Cr.P.C. allowed; impugned charge-sheets/cognizance-summoning order and entire proceedings of Case Crime No. 495 of 2020 under Sections 452, 323, 504, 506, 427, 308 & 325 I.P.C. against Manoj Kumar Mishra, Aman Kumar Mishra @ Mukesh Kumar Mishra and Abhinav Kumar Mishra quashed.

Issue for consideration

Whether the entire proceedings of Case Crime No. 495 of 2020 under Sections 452, 323, 504, 506, 427, 308 & 325 I.P.C., P.S. Karchhana, District Prayagraj, pending before the Chief Judicial Magistrate, Prayagraj, may be quashed on the basis of the compromise arrived at between the applicants and opposite party no. 2.

Court's answer

It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise.

Ratio / Principle

Where the parties have amicably settled all disputes, the compromise stands verified by the court concerned, the complainant does not wish to pursue the proceedings, quashing would have no adverse impact on society and there is nothing to indicate criminal antecedents, then considering the law laid down in State of Madhya Pradesh v. Laxmi Narayan (AIR 2019 SC 1296) and the facts of the matter, quashing the impugned proceedings is in the interest of justice.

Key takeaways

The impugned charge-sheets/cognizance-summoning order and entire proceedings of Case Crime No. 495 of 2020 under Sections 452, 323, 504, 506, 427, 308 & 325 I.P.C., P.S. Karchhana, District Prayagraj, against applicants Manoj Kumar Mishra, Aman Kumar Mishra @ Mukesh Kumar Mishra and Abhinav Kumar Mishra are quashed.ratio¶9

Detailed headnote1 paragraphs

Criminal proceedings quashed on compromise — Application under Section 482 Cr.P.C. allowed; charge-sheets/cognizance-summoning order and entire proceedings of Case Crime No. 495 of 2020 under Sections 452, 323, 504, 506, 427, 308 & 325 I.P.C., P.S. Karchhana, District Prayagraj, pending before the Chief Judicial Magistrate, Prayagraj, quashed against the applicants (Manoj Kumar Mishra, Aman Kumar Mishra @ Mukesh Kumar Mishra and Abhinav Kumar Mishra). Parties had amicably settled all disputes; compromise verified by the court concerned with report on record; complainant (opposite party no. 2) did not wish to pursue the case and filed a counter affidavit supporting quashing; A.G.A. raised no objection; no criminal antecedents indicated and no adverse impact on society. Reliance placed on State of Madhya Pradesh v. Laxmi Narayan, AIR 2019 SC 1296. (Jitendra Kumar Sinha, J.; decision dated September 10, 2025.)

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 44780 of 2024

Manoj Kumar Mishra And 2 Others

.....Applicant(s)

Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Anjani Kumar Mishra, Rajesh Dutta Pandey Counsel for Opposite Party(s) : G.A.

Court No. - 89

HON'BLE JITENDRA KUMAR SINHA, J.

The matter has been taken up as mentioned cases.

Supplementary affidavit on behalf applicants as well as short-counter affidavit along with vakalatnama of Mr. Niraj Kumar as counsel for the opposite party no.2 has been filed, which are taken on record.

Heard Mr. Rajesh Dutta Pandey, learned counsel for the applicants, Mr. Niraj Kumar, learned counsel for opposite party no. 2 and Mr. B.P. Maurya, learned AGA for the State.

The present application has been filed with prayer to quash entire proceedings of Case Crime No.- 495 of 2020 under Sections 452, 323, 504, 506, 427, 308 & 325 I.P.C., P.S- Karchhana, District- Prayagraj pending in the Court of learned Chief Judicial Magistrate, Prayagraj 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

A482 No. 44780 of 2024

2

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.

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 Crime No.- 495 of 2020 under Sections 452, 323, 504, 506, 427, 308 & 325 I.P.C., P.S- Karchhana, District- Prayagraj against applicants, namely, Manoj Kumar Mishra, Aman Kumar Mishra @ Mukesh Kumar Mishra and Abhinav Kumar Mishra are hereby quashed.

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

September 10, 2025 Virendra

(Jitendra Kumar Sinha,J.)

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