Jiyalal v. State Of U.P. Thru. Additional Chief Secy

Heard Sri Prem Prakash Singh, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and Sri Rajesh Kumar, learned counsel who has put in appearance on behalf of opposite party No.2 and filed vakalatnama, which is taken on record.

By means of present application u/s 482 Cr.P.C., the applicants have prayed for quashing the proceedings of Sessions Trial No.28 of 2017 (Radhe Shyam Vs. Jiyalal) arising out of complaint case No.1571 of 2014 under Sections 323, 504, 506 IPC, police station Jaitpur, District Ambedkar Nagar pending in the court of Special Judge, S.C/S.T. Act, Ambedkar Nagar in the light of compromise deed dated 6.2.205(Annexure - 4 to the affidavit filed in support of application).

The facts of the case are that opposite party No.2 filed a complaint under Section 190 of Cr.P.C. before Civil Judge (Junior Division)/J.M., Tanda, District Ambedkarnagar on 13.8.2014 alleging that the petitioner purchased a bottle of wine for the purpose of medicine. The cost of the wine was Rs.64/-. The petitioner gave opposite party No.2 a hundred rupee note and a dispute arose over the issue of returning remaining amount. It is alleged that the petitioner along with one another abused the opposite party No.2 and bate him. Treating the same as a compliant case and after examining the statement of the opposite party No.2 under Section 200 took cognizance of the offence u/s 323, 504, 506 IPC and issued summons to the applicant on 6.6.2015. It is further submitted that during pendency of the case both the parties have settled their dispute amicably and do not want to proceed with the matter and also entered into a compromise on 6.2.2025.

It has been contended by learned counsel for the applicant that this Court by means of order dated 10.2.2025 passed in application u/s 482 Cr.P.C. No.1623 of 2025, directed the parties to appear before the trial court for verification of the compromise dated 6.2.2025. In compliance of aforesaid order, the parties appeared before the trial court and the trial court has verified the compromise and a report dated 11.3.2025 to this effect has been submitted for perusal of this Court. Therefore, the proceedings of aforesaid criminal case may be quashed in view of the compromise dated 6.2.2025.

Learned counsel for the applicant in support of his contention has placed reliance on the judgment of Hon'ble Apex Court in the case of Manoj Sharma Vs. State, (2008) 16 SCC 1, Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466 and Yogendra Yadav Vs. State of Jharkhand, (2014) 9 SCC 653 and has submitted that the applicant as well as opposite party no. 2 have compromised the dispute and as such opposite party no.2 does not want to press the present case against the applicants.

Learned counsel appearing for opposite party no.2 and learned Additional Government Advocate have stated that they have no objection in case the proceedings of the aforesaid case are quashed in the light of the compromise.

Heard learned counsel for the parties and perused the record.

From the perusal of the record it is apparent that the parties have entered into compromise and have settled their dispute amicably.

In this regard, the view taken by the Apex Court in the case of Manoj Sharma Vs. State (supra), Narinder Singh Vs. State of Punjab (supra) and Yogendra Yadav Vs. State of Jharkhand (supra), which have been relied upon by the learned counsel for the applicant finds force that this Court in exercise of its inherent power under Section 482 Cr.P.C. can quash the proceedings as the dispute has been amicably settled between the parties.

In the light of the fact that the settlement has arrived at between the applicant and the private respondent and does not effect the public at large, and would only amount to private dispute between the parties, no useful purpose will be served will be served by allowing the applicants to be prosecuted in the said trial, therefore the proceedings of the aforesaid case are quashed, accordingly this application under Section 482 Cr.P.C. is allowed. (Alok Mathur, J.) Order Date :- 29.4.2025 RKM. RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench