VIJAY KUMAR SHUKLA AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/43949/2024 · 2025-07-16
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111892 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111892 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:115654 Court No. - 72 Case :- APPLICATION U/S 482 No. - 43949 of 2024 Applicant :- Vijay Kumar Shukla And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Babu Tiwari Counsel for Opposite Party :- G.A.,Om Narayan Dwivedi Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants, Sri Sharad Kumar Singh, Advocate holding brief of Sri Om Narayan Dwivedi,
learned counsel for the informant/opposite party no. 2, and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Criminal Case No. 2299 of 2017 (State Versus Vijay Kumar Shukla & others), arising out of Case Crime No. 1099 of 2015, under Sections 406, 419, 420, 467, 468, 471, 506, 448, 354-A I.P.C., Police Station- Naini, District- Allahabad, pending in the Court of learned Judicial Magistrate-IV, Allahabad, in the light of compromise dated 29.10.2024 arrived between the parties.
3. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicant approached this Hon'ble Court by filing this 482 application with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide
order dated 20.02.2025 passed following order:-
"Learned counsel for both the parties submitted that parties settled their dispute arising out of offence punishable under Sections 406, 419, 420, 467, 468, 471, 506, 448, 354A of I.P.C. on the basis of compromise dated
29.10.2024. Certified copy of compromise is annexed as Annexure-5 to the affidavit. Both the parties are directed to appear before the court concerned for verification of compromise within three weeks from today. Court concerned is directed to verify the same. Applicants are directed to file supplementary affidavit annexing certified copy of the compromise as well as proceedings of verification of compromise. Put up this case on 12.6.2025, as fresh. Till the next date of listing, further proceedings of Case No. 2299 of 2017, arising out of Case Crime No. 1099 of 2015, under Sections 406, 419, 420, 467, 468, 471, 506, 448, 354-A of I.P.C., P.S. Naini, District Allahabad, shall remain stayed against the applicants. "
4. In pursuance of order of this Court dated 20.02.2025, the Trial court vide order dated 25.02.2025 verified the parties as well as compromise application through their counsels. Verification Report has been transmitted to this Court by Judicial Magistrate, Court No.4, Prayagraj vide its letter dated 27.02.2025, which is on record. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 have settled through compromise their private and civil dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 4. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed. 5. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 6. The Hon'ble Apex Court in the case of Narindra Singh and others Vs.
State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non- compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which, law expounded by the Hon'ble Apex Court in the aforesaid cases has been explained in detail. 7. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel
for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case. 8. Accordingly, the impugned entire proceeding of Criminal Case No. 2299 of 2017 (State Versus Vijay Kumar Shukla & others), arising out of Case Crime No. 1099 of 2015, under Sections 406, 419, 420, 467, 468, 471, 506, 448, 354-A I.P.C., Police Station- Naini, District- Allahabad, pending in the Court of learned Judicial Magistrate-IV, Allahabad, are hereby quashed. 9. This application under Section 482 Cr.P.C. is accordingly allowed.
Order Date :- 17.7.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad