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2025 DAILYLAW 12163 (ALL)

ABHISHEK RAI @ SHIBBU RAI v. State of UP AND 3 OTHERS

A482/2142/2024 · 2025-09-09

Vikram D Chauhan

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 2142 of 2024 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application has been filed for quashing the cognizance order dated 5.6.2020 and charge sheet dated 2.4.2020 as well as entire proceeding of Criminal Case No.977 of 2020, State Vs. Abhishek @ Shibbu Rai, arising out of Case Crime No.247 of 2019, under Sections 307, 504, 506 I.P.C., Police Bardah, District Azamgarh pending in the court of Additional Chief Judicial Magistrate, Court No.11, Azamgarh. 3. Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 3.8.2023 and the same has been verified by the court concerned on 4.1.2024, therefore, the present case be finally decided. 4. Learned AGA does not dispute the fact that parties have entered into settlement which is duly verified by the court concerned. It is further submitted that he would have no objection in case criminal proceedings are put to an end. He further submits that in view of settlement there is virtually no chance of any conviction being recorded in the criminal proceedings. 5. Having examined the matter in its totality, this Court is of the view that the criminal proceedings in the present case had essentially been an outcome of a dispute between family members; and there are no such over Versus Counsel for Applicant(s) : Janardan Yadav Counsel for Opposite Party(s) : G.A. Abhishek Rai @ Shibbu Rai .....Applicant(s) State Of Up And 3 Others .....Opposite Party(s) bearing circumstances for which the applicants ought to be prosecuted even after the parties has entered into a settlement. Needless to observe that with the present stand of the parties in terms of their settlement, there is practically no chance of recording conviction, even if the case under the F.I.R. in question is put to trial. In other words, entire exercise of trial would only be an exercise in futility. On the contrary, looking to the nature of dispute and the fact that the disputants have compromised and want to proceed peacefully ahead, it would be in the interest of justice that criminal proceedings in question are quashed. 6. It would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and to secure the ends of justice, it is appropriate that the criminal case is put to an end. 7. In view of the fact that the parties do not want to pursue the case any further as stated by them and the fact that matter has been mutually settled between the parties in view of the compromise dated 3.8.2023, no useful purpose would be served in proceeding with the matter further. 8. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court in Parbatbhai Aahir 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 Narayan, (2019) 5 SCC 688, the proceedings of the aforesaid case is hereby quashed. 9. The present application is, accordingly, allowed. September 10, 2025 Bhaskar A482 No. 2142 of 2024 2 (Vikram D. Chauhan,J.) Digitally signed by :- BHASKAR High Court of Judicature at Allahabad