SHANTI SHARAN AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/27226/2016 · 2025-02-26
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13713 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13713 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:28039 Court No. - 76 Case :- APPLICATION U/S 482 No. - 27226 of 2016 Applicant :- Shanti Sharan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadhesh Prasad,Ray Sahab Yadav Counsel for Opposite Party :- G.A.,Rajendra Prasad Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State-respondent, and perused the entire record including the verification report of compromise by the court concerned.
2. This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge sheet as well as the entire proceedings of Criminal Case No. 353 of 2016, arising out of Case Crime No. 295 of 2015, under Section 406 IPC, P.S. Erach, District Jhansi, on the basis of a compromise dated 18.08.2023.
3. Learned counsel for the applicant submits that since the parties had settled their dispute outside the court, therefore, they were
directed to appear before the court concerned for verification of the compromise vide order dated 30.04.2024, passed by a co- ordinate Bench of this Court in Application u/s 482 Cr.P.C. No. 27226 of 2016. In compliance thereof, parties appeared before the court below and got the compromise verified on 08.05.2024 by the trial court. The registered/fax copy of the order 08.05.2024 has been annexed with the supplementary affidavit as Annexure-SA-1. It is further submitted that since parties have settled the dispute, opposite party no.2 does not want to proceed with trial, therefore, no fruitful purpose would be served by keeping the matter pending.
4. Per contra, learned A.G.A. as well as learned counsel for the opposite party no.2 submit that since the dispute between the parties has been settled and opposite party no.2 has no objection, therefore, the proceedings of the aforesaid case pending before the trial court be quashed.
5. I have considered the submissions made by the learned counsel for the parties, and have gone through the entire record.
6. Since the dispute between the parties has been amicably settled, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply a waste of judicial time as chances of conviction are very bleak.
7. In such circumstances, the entire proceedings of Criminal Case No. 353 of 2016, arising out of Case Crime No. 295 of 2015, under Section 406 IPC, P.S. Erach, District Jhansi, are hereby quashed.
8. The instant petition stands allowed, accordingly.
Order Date :- 27.2.2025 Prajapati Justice Vinod Diwakar Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad