Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 107750 (ALL)

DILIP SONKAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/39483/2024 · 2025-09-14

Kshitij Shailendra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 39483 of 2024 Court No. - 89 HON'BLE KSHITIJ SHAILENDRA, J. 1. Heard Ms. Pooja, learned counsel for the applicants, learned A.G.A. for the State and Ms. Shweta Kesarwani for opposite party no. 2. 2. This application has been filed challenging the entire criminal proceedings of case arising out of Case Crime No. 163 of 2023 (State vs. Dilip Sponkar & others), under Sections 323, 504, 506, 452, 354B I.P.C., Police Station- Manduadeeh, District- Varanasi, pending in the court of IInd Additional Chief Judicial Magistrate, Varanasi in view of compromise arrived between the parties. 3. An interim order has already been passed in the present case taking note of the fact that the parties have arrived at a compromise. 4. On last occasion, i.e. on 10.07.2025 an order was passed directing the applicants to file complete order-sheet so as to ascertain as to whether the compromise has been verified by the court below or not. 5. A supplementary affidavit has been filed annexing therewith a complete order-sheet of the case. 6. Order dated 10.07.2025 passed by the learned Additional Chief Judicial Magistrate, Court No. 2, Varanasi reveals that the compromise has already been verified on 03.09.2024. The said order has also been perused, which in minimum words records recital regarding verification of the compromise and it appears that the same was missed to be noticed Versus Counsel for Applicant(s) : Pooja Counsel for Opposite Party(s) : G.A., Shweta Kesarwani Dilip Sonkar And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) on earlier occasion either in absence of the order-sheet or otherwise. 7. Be that as it may, since learned counsel for opposite party no. 2 does not dispute entering into compromise and the same has already been verified, there is no reason to permit continuance of proceedings of the aforesaid case. 8. In view of the law laid down by the Hon'ble Supreme Court in Gian Singh vs. State of Punjab and another; (2012) 10 SCC 303 and Nikhil Merchant vs. Central Bureau of Investigation and another; (2008) 9 SCC 677, a case stands made out to quash the proceedings of the aforesaid case. 9. The application is allowed. 10. The proceedings of the aforesaid case are hereby quashed. September 15, 2025 Pkb/ A482 No. 39483 of 2024 2 (Kshitij Shailendra,J.) Digitally signed by :- PRAMOD KUMAR BAJPAI High Court of Judicature at Allahabad