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Neutral Citation No. - 2025:AHC:52850 Court No. - 84 Case :- APPLICATION U/S 482 No. - 32651 of 2024 Applicant :- Shashank Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Tiwari Counsel for Opposite Party :- Santosh Kumar Gupta,G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant; learned counsel for the opposite party no. 2; learned A.G.A. for the State and perused the record.
2. The present 482 Cr.P.C. application has been filed to quash the impugned charge-sheet dated 10.6.2023 alongwith cognizance/ summoning order dated 16.2.2024 passed by Additional Chief Judicial Magistrate, Chhibramau, District Kannauj as well as entire proceeding of Case No. 296 of 2024, State Vs. Shashank Tiwari, arising out of case crime No. 338 of 2023, under sections 506, 386 I.P.C. Police Station Kotwali Chhibramau, District Kannauj pending in the court of Additional Chief Judicial Magistrate, Chhibramau, District Kannauj, in view of compromise arrived between the parties.
3. It is alleged in the F.I.R. that when the informant's daughter was going to market, applicant kidnapped her. The informant made several request to return his daughter but the applicant forcibly kept her and threatened that if the informant made any complaint, he will forcibly marry with her daughter. During investigation, the statement of the opposite party no. 2 has been recorded. Charge sheet has been submitted against the applicant. Thereafter, the applicant and informant entered into compromise out of the court. The Co-ordinate Bench of this Court vide order dated 26.09.2024
directed the parties to appear before the court below within three weeks for verification and the court below was directed to verify the same.
4. Pursuant to the said order dated 26.09.2024, the parties appeared before the court below and in their presence, after due verification
of the contents of the compromise made between the parties, order dated 11.11.2024 has been passed by the court verifying the said compromise. A copy of the same is annexed as Annexure-S.A.-1 to the application.
5. Learned counsel for the applicant has submitted that the applicant and opposite party no.2 have settled their private and civil dispute through compromise and as such opposite party no.2 does not wish to press the aforesaid case against the applicant. Opposite party no.2 is ready to withdraw the prosecution of the applicant and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.
6. Learned A.G.A. and counsel for the opposite party no. 2 do not dispute the correctness of the submission made by learned counsel for the applicant or the correctness of the documents relied upon by him.
7. In view of the facts and circumstances of the case, the applicant and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.
8. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the entire proceeding of Case No. 296 of 2024, State Vs. Shashank Tiwari, arising out of case crime No. 338 of 2023, under sections 506, 386 I.P.C. Police Station Kotwali Chhibramau, District Kannauj is hereby quashed.
9. This application under Section 482 CrPC is accordingly allowed.
Order Date :- 10.4.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad