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2025 DAILYLAW 12819 (ALL)

KM. JYOTI SRIVASTAVA v. STATE OF U.P. AND ANOTHER

A482/22259/2013 · 2025-09-08

Avnish Saxena

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 22259 of 2013 Court No. - 79 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Anil Kumar, learned counsel for the applicant, Sri Ajit Kumar Kushwaha, learned counsel for the opposite party no.2 and learned A.G.A. for State. 2. The instant application under Section 482 Cr.P.C. has been moved with a prayer to quash charge sheet no. 42 of 2012 as well as the entire proceedings of Case No.875 of 2012 (State Vs. Anuj Srivastava and others), under Sections 504, 506, 308, 379 I.P.C., Police Station Anapara, District Sonbhadra, pending before the court of Additional Chief Judicial Magistrate, Sonbhadra. 3. Learned counsel for the applicant submits that the three accused applicants have been charge sheeted in Case No.875 of 2012. The compromise has been entered into between the parties. The proceedings and the charge sheet against two of the accused, namely, Ashok Srivastava and Anuj Srivastava have already been quashed by order dated 10.04.2025 passed in Application under Section 482 Cr.P.C. No.10911 of 2024, filed along with the supplementary affidavit. He further submits that the compromise between the parties is verified. The present applicant Kumari Joyti Srivastava is also having the same role, who is daughter of one of the co-accused. Hence, seeks intervention of this Court. 4. Learned counsel for the opposite party no.2 admits that the factum of Versus Counsel for Applicant(s) : Anil Kumar, Ashutosh Sharma, Saksham Srivastava, Saurabh Pandey Counsel for Opposite Party(s) : Ajit Kumar Kushwaha, Govt. Advocate, Nitesh Kumar Jauhari Km. Jyoti Srivastava .....Applicant(s) State of U.P. and Another .....Opposite Party(s) compromise entered into between the parties. 5. Learned A.G.A. appeared for the State. 6. There is no point in getting the trial continued, when the parties have buried their differences as the star witness would not support the prosecution case. 7. Thus, the charge sheet and the proceeding arose out of case number mentioned above is hereby quashed. Consequently, the proceedings of trial also quashed. 8. The application u/s 482 Cr.P.C. is allowed accordingly. September 9, 2025 Shivangi A482 No. 22259 of 2013 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad