Ramprakash Yadav vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Ramprakash Yadav 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; entire impugned proceedings, including the summoning order dated 11.03.2008 in Special Case No. 165 of 2007, quashed against applicant Ramprakash Yadav.

Issue for consideration

Whether the entire proceedings in Special Case No. 165 of 2007, including the summoning order dated 11.03.2008, could be quashed under Section 482 Cr.P.C. on the basis of the compromise arrived at between the parties. +1 more

Court's answer

In appropriate cases, criminal proceedings may be quashed on the basis of compromise; considering the law laid down in 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.

Ratio / Principle

Though the applicant was also summoned for offence under Section 395 IPC, no prima facie case under Section 395 IPC is made out; the dispute between the parties is private in nature, and if the parties compromise the matter it would have no adverse impact on society.

Key takeaways

The complainant did not wish to pursue the impugned proceedings, nothing indicated that the parties had criminal antecedents, and the compromise filed before the trial court had already been verified by the court concerned.ratio¶13
The entire impugned proceedings, including the summoning order dated 11.03.2008 of the complaint case, against applicant Ramprakash Yadav are hereby quashed.ratio¶14

Detailed headnote1 paragraphs

Criminal proceedings — quashing on the basis of compromise — Allahabad High Court (Raj Beer Singh, J.) allowed an application under Section 482 Cr.P.C. and quashed the entire proceedings, including the summoning order dated 11.03.2008, in Special Case No. 165 of 2007 (Smt. Savitri Vs. Ram Prakash Yadav) under Sections 395, 323, 452, 504, 506 IPC, P.S. Kotwali, District Jhansi, pending before Additional District Judge-IInd, Jhansi. The parties had amicably settled the dispute; the compromise had been verified by the trial court following directions issued on 27.04.2024 in earlier Application No. 13773 of 2024; the complainant did not wish to pursue the case; the dispute was held private in nature, with no adverse impact on society and no criminal antecedents indicated. Though the applicant had been summoned for offence under Section 395 IPC, no prima facie case under that section was found made out. Reliance was placed on State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296.

Neutral Citation No. - 2025:AHC:6977

Court No. - 73

Case :- APPLICATION U/S 482 No. - 495 of 2025

Applicant :- Ramprakash Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yogesh Kumar Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

Short counter affidavit along with Vakalatnama filed on behalf of opposite party no.2, is taken on record.

Heard learned counsel for the applicant, learned counsel for the opposite party no.2 and learned AGA for the State.

This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including summoning order dated 11.03.2008, of Special Case No. 165 of 2007 (Smt. Savitri Vs. Ram Prakash Yadav), under Sections 395, 323, 452, 504, 506 IPC, P.S. Kotwali, District Jhansi, pending in the court of Additional District Judge-IInd, Jhansi, on the basis of compromise arrived at between the parties.

It has been submitted by learned counsel for the applicant that the complaint of this case was lodged due to some misconception and in fact both the parties have lodged cases against each other. Both the parties are residents of the same area and now they have amicably settled the dispute and compromised the case. Earlier, the applicant has filed an application under Section 482 Cr.P.C. No.13773 of 2024, wherein by order dated 27.04.2024 both the parties were directed to appear before the trial Court concerned for verification of compromise. Consequently, applicant has appeared before the trial Court and compromise has duly been verified, the certified copy of which is on record. It was submitted that in view of aforesaid facts, impugned proceedings may be quashed

Learned counsel for the opposite party no.2 /complainant has concurred with the arguments of learned counsel for the applicant and submitted that both the parties have amicably settled the dispute and compromised the matter and the complainant does not want to proceed with the case pending before the trial court and the impugned proceedings may be quashed.

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, though the applicant has also been summoned for offence under Section 395 IPC but it appears that no prima-facie case under Section 395 IPC is made out and the dispute between the parties is private in nature. If parties compromise the matter, it would not have adverse impact on society. The complainant does not want to pursue the impugned proceedings. There is nothing to indicate that parties have any criminal antecedents. The compromise filed by the parties before the trial court, has already been verified by the court concerned. 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, entire impugned proceedings, including summoning order dated 11.03.2008 of the aforesaid complaint case, against applicant, namely, Ramprakash Yadav are hereby quashed.

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

Order Date :- 16.1.2025

'SP'/-

Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad