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2025 DAILYLAW 108552 (ALL)

SHIV PRAKASH CHAUHAN AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/40511/2024 · 2025-09-14

Kshitij Shailendra

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 40511 of 2024 Court No. - 89 HON'BLE KSHITIJ SHAILENDRA, J. 1. Heard learned counsel for the parties and perused the record. 3. This application under Section 482 Cr.P.C. has been filed challenging the proceedings of Sessions Trial No.454 of 2022 (State vs. Shiv Prakash Chauhan and others), arising out of Case Crime No.238 of 2018, under Sections 323, 504, 506, 325, 308 I.P.C., Police Station-Chaubeypur, District-Varanasi. 4. Entering into compromise has not been disputed by learned counsel for the parties and the Court finds three compromise on record which contain identical compromise/settlement. On account of certain discrepancy regarding photographs affixed on the compromise, the matter was adjourned on the earlier occasion. 5. Learned counsel for the parties agree that compromise dated 24.06.2025 contain due description of parties, terms of compromise as well as photographs. The original of the said compromise produced by learned counsel for the applicants is taken on record. 6. In order to save precious time of Court, this Court deems it appropriate to take cognizance of the compromise dated 24.06.2025 in this Court itself. 7. Considering the submissions made and in view of the law laid down in Versus Counsel for Applicant(s) : Mohak Agarwal, Prashant Pandey, Rishabh Shukla Counsel for Opposite Party(s) : Ankit Kapoor, G.A., Rajendra Prasad Shukla Shiv Prakash Chauhan And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Gian Singh vs. State of Punjab and another: (2012) 10 SCC 303 and Nikhil Merchant vs. Central Bureau of Investigation : (2008) 9 SCC 677 and considering the nature of offence, this Court is of the view that once prosecution itself has chosen not to pursue the matter and is satisfied with the terms of amicable settlement, no fruitful purpose would be served in continuance of the proceedings of the aforesaid case. 8. The application is, accordingly, allowed. The proceedings of the aforesaid case are hereby quashed. 9. In case, any of the parties applies for certified copy of the compromise dated 24.06.2025, the same shall be issued to them. September 15, 2025 Jyotsana A482 No. 40511 of 2024 2 (Kshitij Shailendra,J.) Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad