Allahabad High Court
Pushpendra And Anr vs State Of U.P. And Another on 6 October, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:176945
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 8417 of 2020
Pushpendra And Anr
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Aditya Kumar Kushwaha, Anil Kumar Shukla, Ashish Kumar Mishra, Praveen Kumar Shukla, Saumitra Dwivedi
Counsel for Opposite Party(s)
:
G.A.
Court No. - 92
HON'BLE ANISH KUMAR GUPTA, J.
1. List revised. None appears on behalf of the applicants. Heard Ms. Ladli Pandey, learned AGA for the State.
2. The instant application has been filed under Section 482 Cr.P.C. seeking quashing of the entire criminal proceeding as well as cognizance/summoning order dated 19.12.2019 passed by Special Judge, S.C./S.T. Act and charge sheet dated 10.12.2019 in Special Session Trial No. 1046 of 2019(State vs. Pushpendra and others) under Sections 323, 504, 374 IPC and Section 3(2)5 Cha of S.C./S.T. Act arising out of Case Crime No. 1544 of 2019, Police Station Sihani Gate, District Ghaziabad pending in the Court of Chief Judicial Magistrate, Ghaziabad.
3. In this case, FIR was lodged by opposite party No.2 against the applicants for the offence under Sections 323, 504, 374 IPC and Section 3(2)5 Cha of S.C./S.T. Act. The matter was investigated and charge-sheet was filed against the applicants on 10.12.2019. Thereupon on 19.12.2019, cognizance was taken against the applicants. This application under Section 482 Cr.P.C. has been filed for quashing of entire criminal proceedings against the applicants.
4. This Court issued notice to opposite party no.2 and despite service of notice, none appeared on behalf of opposite party No.2. Subsequent thereto, by way of supplementary affidavit, the applicants herein filed a certified copy of the compromise dated 23.11.2020 arrived at between the parties. As per the said compromise, there was financial dispute between the parties which has been amicably settled between them. Thereupon, opposite party no.2 does not want to prosecute any such case against the applicants herein.
5. Learned AGA does not oppose for quashing of the entire proceeding of the instant case looking into the nature of the financial issues between the parties and settlement thereof.
6. In view of the aforesaid settlement, vide order dated 23.11.2020 a Co-ordinate Bench of this Court directed the parties to appear before the Trial Court for verification of compromise. As per report dated 8.5.2024 received from the Special Judge(S.C./S.T. Act)/Additional District & Sessions Judge, Ghaziabad, the said compromise was duly verified on 4.5.2024 in presence of the parties by the trial court. A copy of the order dated 4.5.2024 and copy of verified compromise were sent to this Court.
7. Thus, from the aforesaid facts and circumstances of the case, admittedly, said FIR was lodged by the opposite party No.2 due to financial dispute between them which has been amicably settled and a compromise was duly executed which has been verified by the trial court concerned vide order dated 4.5.2024 in terms of the order dated 21.2.2024 passed by this Court, no fruitful purpose would be served in continuance of criminal proceedings against the applicants. Even otherwise, in view of the compromise and settlement arrived at between the parties, there is weak chance of conviction of the applicants.
8. In view of the aforesaid facts and in the light of the judgments of the Apex Court in Narinder Singh & Ors. vs. State of Punjab, (2014) 6 SCC 466 : Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another, (2017) 9 SCC 641 and Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303, the instant application deserves to be allowed.
9. In view thereof, the instant application is accordingly allowed and the proceedings of Special Session Trial No. 1046 of 2019(State vs. Pushpendra and others) under Sections 323, 504, 374 IPC and Section 3(2)5 Cha of S.C./S.T. Act arising out of Case Crime No. 1544 of 2019, Police Station Sihani Gate, District Ghaziabad are hereby quashed.
(Anish Kumar Gupta,J.)
October 6, 2025
P.P.
