SHARAD KUMAR SHUKLA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/42812/2024 · 2025-09-16
Yogesh Dubey Joint Registrar Judicial
body2025
DailyLaw.ai
[ 2025 DAILYLAW 110325 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 110325 (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. - 42812 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J.
1. The case is taken up on mentioning. 2. Heard Sri Sudhakar Shukla, learned counsel for the applicants and Sri Chandra Shekhar Saran, learned AGA for the State-opposite party no.1. 3. This application u/s 482 Cr.P.C. has been preferred with prayer to quash the entire proceeding of Case No.31128 of 2018 (State Vs. Sharad Kumar Shukla and others), arising out of NCR No.77 of 2017, under sections 427, 504, 506, IPC, Police Station Naubasta, District Kanpur Nagar, as well as impugned charge dated 18.11.2017 and impugned cognizance order dated 02.06.2018, passed by the learned Additional Chief Judicial Magistrate-II, Kanpur Nagar, on the basis of compromise. 4. It is contended by learned counsel for the applicants that applicants and opposite party no.2 have entered into compromise and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise sent by the court concerned is already on the record. Learned counsel for the applicants further prays that in view of the compromise entered into between the applicants and opposite party no.2, the proceeding of the aforesaid case be quashed. 5. On the other hand, learned AGA for the State has no objection to the above submissions made by learned counsel for the applicants. Versus Counsel for Applicant(s) : Sudhakar Shukla Counsel for Opposite Party(s) : G.A. Sharad Kumar Shukla And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. In view of the fact that applicants and opposite party no.2 have entered into compromise and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise is already on the record and taking note 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 applicants. 7. In view of the aforesaid, the entire proceeding of Case No.31128 of 2018 (State Vs.
Sharad Kumar Shukla and others), arising out of NCR No.77 of 2017, under sections 427, 504, 506, IPC, Police Station Naubasta, District Kanpur Nagar, as well as impugned charge dated 18.11.2017 and impugned cognizance order dated 02.06.2018, passed by the learned Additional Chief Judicial Magistrate-II, Kanpur Nagar, are hereby quashed. 8. The application u/s 482 Cr.P.C. is hereby allowed. September 17, 2025 VKG A482 No. 42812 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad