SHIV BABU AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/35693/2024 · 2025-09-17
Yogesh Dubey Joint Registrar Judicial
body2025
DailyLaw.ai
[ 2025 DAILYLAW 105192 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 105192 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 35693 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J.
1. On a mention being made by learned counsel for the applicant, case has been taken up. 2. Heard Mr. Prakhar Tandon, learned counsel for the applicant and Mr. B.P. Singh, learned AGA for the State respondents. 3. This application under Section 482 CrPC has been preferred for quashing the impugned chargesheet no. 36 of 2012 dated 12.3.2012, under Section 148, 436, 352, 504, 506, 427 IPC, P.S. Bidhnu, District Kanpur Nagar submitted in Case Crime No. 24 of 2012 under Section 147, 148, 426, 352, 504, 506, 427 IPC, P.S. Bidhnu, District Kanpur Nagar as well as cognizance order dated 10.12.2012 passed by the learned Metropolitan Magistrate, Court No. 9, Kanpur Ngar as well as entire proceedings of Case No. 4156 of 2012 (State vs. Kunwarlal @ ShivKumar and others) under Sections 147, 148, 426, 352, 504, 506, 427 IPC, P.S. Bidhnu, District Kanpur Nagar pending in the Court learned Additional Chief Judicial Magistrate-4 Kanpur Nagar. 3. It is contended by the learned counsel for the applicant that the applicant and the opposite party no. 2 have entered into compromise and the same has been verified by the learned Court concerned and a report regarding the same is on the record. It is also submitted that in view of the compromise arrived at between the applicant and opposite party no. 2, proceedings of the aforesaid case be quashed against the applicant. Versus Counsel for Applicant(s) : Prakhar Tandon Counsel for Opposite Party(s) : G.A. Shiv Babu And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
4. On 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. 5. In view of the fact that the applicant 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. 6. In view of the aforesaid, the entire proceeding of impugned chargesheet no. 36 of 2012 dated 12.3.2012, under Section 148, 436, 352, 504, 506, 427 IPC, P.S. Bidhnu, District Kanpur Nagar submitted in Case Crime No. 24 of 2012 under Section 147, 148, 426, 352, 504, 506, 427 IPC, P.S. Bidhnu, District Kanpur Nagar as well as cognizance order dated 10.12.2012 passed by the learned Metropolitan Magistrate, Court No. 9, Kanpur Ngar as well as entire proceedings of Case No. 4156 of 2012 (State vs. Kunwarlal @ ShivKumar and others) under Sections 147, 148, 426, 352, 504, 506, 427 IPC, P.S. Bidhnu, District Kanpur Nagar pending in the Court learned Additional Chief Judicial Magistrate-4 Kanpur Nagar are hereby quashed. 7. The application under Section 482 Cr.P.C. stands allowed. September 18, 2025 Abhishek A482 No. 35693 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad