Jagbhan Kushwaha and 7 Others v. State of UP and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 23851 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. Re: Criminal Misc. Impleadment Application No. 3 of 2025

¶1Heard Sri D.K. Ojha, learned counsel for the applicants and Sri Abhishek Tiwari, holding brief of Sri Ichhvaku Pratap Shahi, learned counsel for the opposite party no. 2 and Sri B.P. Singh, learned AGA.

¶2Impleadment application stands allowed.

¶3Name of Mr. Aryan alias Mahendra Raikwar, s/o Sharman r/o Azadpura, P.S. Kotwali Lalitpur, District Lalitpur be added as applicant no. 9 in the array of parties during course of the day. Re: Application u/s 482 CrPC

¶1This matter has been taken up on mentioning.

¶2This application under Section 482 CrPC has been preferred for quashing the chargesheet dated 15.4.2022 as well as summoning order dated 28.8.2023 passed by the learned Sessions Judge, Lalitpur in Sessions Case No. 464 of 2023 (State vs. Jagbhan and others), under Sections 147, 148, 149, 452, 323, 504, 506, 308, 327, 427, 324 and 325, registered as Case Crime No. 156 of 2022, P.S. Kotwali Lalitpur, District Lalitpur pending in the court of District and Sessions Judge, Lalitpur.

¶3It is contended by the learned counsel for the applicants that the Versus Counsel for Applicant(s) : Deepesh Kumar Ojha, Himanshu Gupta Counsel for Opposite Party(s) : G.A., Ichhvaku Pratap Shahi, Ranjeet Kumar Jagbhan Kushwaha And 7 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) applicants and the opposite party no. 2 have entered into compromise and the same has already been verified by the learned Court concerned and a report regarding the same is on the record. It is further submitted that newly impleaded applicant is also a party to the compromise. It is also submitted that in view of the compromise arrived at between the applicants and opposite party no. 2, proceedings of the aforesaid case be quashed against the applicant.

¶4On the other hand, learned counsel for the opposite party no. 2 and learned AGA for the State have no objection to the above submissions made by the learned counsel for the applicant.

¶5In view of the fact that the applicants and opposite party no. 2 have entered into compromise and the said compromise has been verified by the learned Court concerned and a report regarding verification of compromise is already on record and keeping in view of the law laid down by Hon'ble Supreme Court 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 respect of the applicant. 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 impugned proceedings may be quashed on the basis of compromise arrived at between the parties.

¶6In view of the aforesaid, the entire proceeding of chargesheet dated

15.4.2022 as well as summoning order dated 28.8.2023 passed by the learned Sessions Judge, Lalitpur in Sessions Case No. 464 of 2023 (State vs. Jagbhan and others), under Sections 147, 148, 149, 452, 323, 504, 506, 308, 327, 427, 324 and 325, registered as Case Crime No. 156 of 2022, P.S. Kotwali Lalitpur, District Lalitpur pending in the court of District and Sessions Judge, Lalitpur are hereby quashed.

¶7The application under Section 482 Cr.P.C. stands allowed. September 26, 2025 Abhishek A482 No. 23851 of 2024 (Jitendra Kumar Sinha,J.) High Court of Judicature at Allahabad