JAGANNATH SINGH ALIAS JAGARNATH SINGH AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
A482/39462/2024 · 2025-04-04
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 107601 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 107601 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:49182 Court No. - 74 Case :- APPLICATION U/S 482 No. - 39462 of 2024 Applicant :- Jagannath Singh Alias Jagarnath Singh And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- Pradeep Kumar Tiwari,G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Ravindra Prakash Srivastava, learned counsel for applicants and Sri Pradeep Kumar Tiwari, learned counsel for opposite party no. 2 and 3 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 quash the entire proceedings of S.C. no. 652 of 2023 (State vs. Jagannath @ Jagarnath Singh and another) arising out of Case Crime no. 576 of 2022, under sections 307/34 IPC and 4/25 Arms Act, PS- Dhanghata, District- Sant Kabir Nagar pending in the court of learned District and Session Judge, Sant Kabir Nagar on the basis of compromise dated 19.7.2024 and all consequential proceedings thereon.
3. Learned counsel for applicants submitted that the parties had entered into compromise on dated 19.07.2024 and the same has also been verified by learned District Judge, Sant Kabir Nagar vide
order dated 07.01.2025 which is annexed to the order sheet and this fact has been endorsed by Sri Pradeep Kumar Tiwari, learned counsel for opposite party no. 2 and 3.
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.C. no. 652 of 2023 (State vs. Jagannath @ Jagarnath Singh and another) arising out of Case Crime no. 576 of 2022, under sections 307/34 IPC and 4/25 Arms Act, PS- Dhanghata, District- Sant Kabir Nagar pending in the court of learned District and Session Judge, Sant Kabir Nagar against the applicants, 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 :- 5.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad