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2023 Supreme(Online)(All) 21057

ALLAHABAD HIGH COURT
RAJEEV MISRA
MAHESH DWIVEDI – Appellant
Versus
State – Respondent
A482/23701/2022



Where the parties to a criminal case have compromised their dispute, the court may quash the proceedings in the interest of justice.

Headnote:

CRIMINAL PROCEDURE CODE - SECTION 482 - QUASHING OF PROCEEDINGS - COMPROMISE - PARTIES HAVE ALREADY COMPROMISED - NO USEFUL PURPOSE SHALL BE SERVED IN PROLONGING THE PROCEEDING - INTEREST OF JUSTICE SHALL BE SERVED IN CASE ENTIRE PROCEEDINGS ARE QUASHED

Fact of the Case:

The applicant filed an application under section 482 Cr.P.C. challenging the entire proceedings of a case under sections 145 Cr.P.C. in view of the compromise entered into by the parties.

Finding of the Court:

The court allowed the application and quashed the entire proceedings of the case in view of the compromise entered into by the parties.

Issues: Whether the entire proceedings of a case under sections 145 Cr.P.C. should be quashed in view of the compromise entered into by the parties.

Ratio Decidendi: Once the parties have amicably settled their dispute, outside the Court, interest of justice shall be served in case entire proceedings of aforesaid case are quashed by this Court.

Final Decision: The court allowed the application and quashed the entire proceedings of the case.

Court No. - 66

Case :- APPLICATION U/S 482 No. - 23701 of 2022

Applicant :- Mahesh Dwivedi

Opposite Party :- State Of U.P. And 3 Others

Counsel for Applicant :- Vikrant Pandey,Ramesh Kumar Patel

Counsel for Opposite Party :- G.A.,Rama Shankar Mishra

Hon'ble Rajeev Misra,J.

Heard Mr. Vikrant Pandey, the learned counsel for applicant,

the learned A.G.A. for State and Amresh Kumar Yadav,

Advocate, holding brief of Mr. R.S. Mishra, who has put in

appearance on behalf of opposite parties 2, 3 and 4.

Present application under section 482 Cr.P.C. has been filed

challenging the entire proceedings of Case No. 3043 of 2023,

(Ravi Kumar and Others Vs. Mahesh Dwivedi) under sections

145 Cr.P.C., Police Station- Chandpur, District Fatehpur now

pending in the Court of Sub Divisional Magistrate, Bindki,

Fatehpur in view of the compromise entered into by the parties.

Short counter affidavit has also been filed by opposite parties-

2,3 and 4 in Court today which is taken on record.

On the matter being taken up, Mr. Amresh Kumar Yadav,

holding brief of Mr. R.S. Mishra, learned counsel for opposite

parties- 2,3 and 4 submits that parties have already

compromised and therefore he has instructions not to oppose

the present application. He has also invited the attention of

Court to paragraph-4 of short counter affidavit filed by

respondents-2,3 and 4. On the aforesaid premise, learned

counsel for applicant submits that no useful purpose shall be

served in prolonging the proceeding of aforementioned case

pending. Once the parties have amicably settled their dispute,

outside the Court, interest of justice shall be served in case

entire proceedings of aforesaid case are quashed by this Court.

Per contra, the learned A.G.A. for State and Mr. Amresh Kumar

Yadav, Advocate, holding brief of Mr. R.S. Mishra, learned

counsel for opposite parties 2,3 and 4 do not oppose the

submissions urged by learned counsel for applicant.

In view of above, present application succeeds and is allowed.

Entire proceedings of Case No. 3043 of 2023 (Ravi Kumar and

Others Vs. Mahesh Dwivedi and Others), under sections 145

Cr.P.C., Police Station- Chandpur, District Fatehpur, now

pending in the Court of Sub Divisional Magistrate, Bindki,

Fatehpur are hereby quashed.

Order Date :- 11.1.2023

Arshad

Digitally signed by :-

ARSHAD MAHMOOD

High Court of Judicature at Allahabad

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