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2025 DAILYLAW 108221 (ALL)

SHANKAR LAL AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS

A482/40763/2024 · 2025-08-11

Saurabh Srivastava

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Judgment text

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Neutral Citation No. - 2025:AHC:137324 Court No. - 77 Case :- APPLICATION U/S 482 No. - 40763 of 2024 Applicant :- Shankar Lal And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Narendra Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Narendra Singh, learned counsel for applicants, Sri Kamlesh Singh, learned counsel for opposite party no. 2 and 3 and learned AGA for the State. 2. Present application u/s 482 Cr.P.C has been preferred with a prayer to quash the entire proceeding of S.T. no. 324 of 2012 arising out of Case Crime no. 195A/2003, under sections 147, 148, 149, 307 IPC and 2/3 Gangster Act, PS- Kishni, District Mainpuri pending in court of Additional Sessions Judge/F.T.C./G.S.T. Mainpuri, on basis of compromise dated 31.01.2024 entered into between the parties. 3. In compliance of earlier order dated 9.4.2025 passed by co- ordinate Bench of this Court, compromise verification report has already been received from learned Additional Sessions Judge, Court no. 5, Mainpuri and the same is marked as Flag 'A' wherein it is mentioned that compromise has been verified on dated 26.05.2025 in presence of both the parties. 4. Sri Kamlesh Singh, learned counsel for opposite party no. 2 and 3 and learned AGA for the State showed no objection to aforesaid contention of learned counsel for applicant. 5. From perusal of records, it transpires that the parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for the parties and it has been 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. 6.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. 7. 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. 8. In view of the aforementioned facts and circumstances, the entire proceeding of S.T. no. 324 of 2012 arising out of Case Crime no. 195A/2003, under sections 147, 148, 149, 307 IPC and 2/3 Gangster Act, PS- Kishni, District Mainpuri, are hereby quashed, only in respect of applicants herein namely Shankar Lal, Sarnam Singh, Atar Singh and Satendra alias Bhure. 9. Accordingly, the present application under Section 482 of the Code stands allowed. 10. The parties may file the copy of this order before the court concerned within two weeks from today. Order Date :- 12.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad