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2025 DAILYLAW 111533 (ALL)

LAVKUSH SRIVASTAVA ALIAS PUNU v. STATE OF U.P. AND ANOTHER

A482/43133/2024 · 2025-09-14

Kshitij Shailendra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 43133 of 2024 Court No. - 89 HON'BLE KSHITIJ SHAILENDRA, J. 1. Heard Shri Shivankar Yadav, learned counsel holding brief of Shri Jai Raj, learned counsel for the applicant, learned A.G.A. for the State and Shri Devi Dayal Tiwari, learned counsel holding brief of Shri Kshitij Ram Dubey, learned counsel for opposite party No.2. 2. This application under Section 482 Cr.P.C. has been filed challenging the proceedings of Sessions Case No.2161 of 2022 (State vs. Lavkush Srivastava @ Punu), under Sections 323, 504, 506 I.P.C. and Section 3(1)10 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station-Bah, District-Agra. 3. Learned counsel for the parties submit that parties have amicably settled their dispute and have entered into compromise. A copy of compromise has been annexed alongwith application and the same has been duly verified by Additional Sessions Judge II/Special Judge (S.C./S.T Act), Agra. His report to this effect dated 20.01.2025 is on record. Deposit of compensation amount of Rs.25,000/- is also reported by him. 4. Considering the submissions made and in view of the law laid down in 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 Versus Counsel for Applicant(s) : Jai Raj Counsel for Opposite Party(s) : Kshitij Ram Dubey, G.A. Lavkush Srivastava Alias Punu .....Applicant(s) State of U.P. and Another .....Opposite Party(s) served in continuance of the proceedings of the aforesaid case. 5. The application is, accordingly, allowed. The proceedings of the aforesaid case are hereby quashed. September 15, 2025 Jyotsana A482 No. 43133 of 2024 2 (Kshitij Shailendra,J.) Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad