RAJOO MEHRA @ GAUTAM MEHRA v. STATE OF U.P. AND 16 OTHERS
A482/35406/2024 · 2025-03-17
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 104931 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 104931 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:38705 Court No. - 74 Case :- APPLICATION U/S 482 No. - 35406 of 2024 Applicant :- Rajoo Mehra @ Gautam Mehra Opposite Party :- State Of U.P. And 16 Others Counsel for Applicant :- Ajay Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Ajay Kumar Pandey learned counsel for applicant and learned AGA for State. 2. Present application u/s 482 Cr.P.C has been preferred with a prayer to allow the instant application and stay and quash the proceedings of S.T No.1230 of 2024, (State vs. Rajoo Mehra and others) (arising out of Case Crime no.0005 of 2023) under Sections 304, 337, 338, 427 IPC and Section 7 of Criminal Law Amendment Act 1932, Police Station Kotwali, District Agra as well as charge sheet dated 4.3.2023 pending in the court of learned Session Judge, Agra. 3. On the basis of verification report submitted by learned Sessions Judge, Agra entered between the parties which has been appended along with the supplementary affidavit dated 03.03.2025 available at page no. 16 as Annexure no. SA2. 4. The parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for opposite parties and it has been jointly submitted that there would be no harm and error and it would be in the interest of justice that the proceedings may be quashed in light of the compromise. 5.A three-Judge Bench of the Hon'ble Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, has observed in para 58 of the said judgment that where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is resorted; securing the ends
of justice being the ultimate guiding factor. 6. In the case of Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, [(1988) 1 SCC 692], Hon'ble the Apex Court has also observed that where matters are also of civil nature i.e. matrimonial, family disputes, etc.
the Court may consider
"special facts", "special feature" and quash the criminal proceeding to encourage genuine settlement of disputes between the parties. 7. In view of the aforementioned facts and circumstances, the entire proceeding of S.T No.1230 of 2024, (State vs. Rajoo Mehra and others) (arising out of Case Crime no.0005 of 2023) under Sections 304, 337, 338, 427 IPC and Section 7 of Criminal Law Amendment Act 1932, Police Station Kotwali, District Agra as well as charge sheet dated 4.3.2023 pending in the court of learned Session Judge, Agra, are hereby quashed. 8. Accordingly, the present application under Section 482 of the Code stands allowed. 9. The parties may file the copy of this order before the court concerned within two weeks from today. Order Date :- 18.3.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad