DILIP TIWARI @ DILEEP KUMAR TIWARI v. STATE OF U.P. THRU. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER
A482/4810/2025 · 2025-06-05
Manjive Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145205 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145205 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:34746 Court No. - 5 Case :- APPLICATION U/S 482 No. - 4810 of 2025 Applicant :- Dilip Tiwari @ Dileep Kumar Tiwari Opposite Party :- State Of U.P. Thru. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Harsh Vardhan Counsel for Opposite Party :- G.A. Hon'ble Manjive Shukla,J.
1. Vakalatnama filed by Sri Gaurav Singh, learned counsel on behalf of Opposite Party No. 2, is taken on record.
2. Heard Sri Harsh Vardhan, learned counsel appearing for the applicant, Sri Gaurav Singh, learned counsel on behalf of Opposite Party No. 2 and learned Additional Government Advocate appearing for the State.
3. The instant application under Section 528 of the B.N.S.S., 2023/482 Cr.P.C. has been filed challenging therein, the Charge-sheet dated 25.06.2021, cognizance order dated 09.09.2021 as well as entire proceedings of the Criminal Case No. 15078 of 2021 (State Vs. Dilip Tiwari & Others), in connection to Case Crime No. 47 of 2021 registered under Sections 504 & 506 I.P.C. in Police Station Kohdaur, District Pratapgarh, pending in the Court of the learned Additional Civil Judge (Junior Division), Court No. 23, Pratapgarh.
4. It has been contended on behalf of the applicant that he and Opposite Party No. 2 have amicably settled their dispute out of the Court. The applicant approached this Court by filing an application under Section 482 Cr.P.C. being Application U/s 482 No. 904 of 2025 with a prayer to quash the proceedings in terms of the compromise entered between the parties. Learned counsel for the applicant as well as learned counsel for Opposite Party No. 2 jointly submitted that vide order dated 31.01.2025, a direction was given to the court concerned to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, the learned trial court vide
order dated 24.01.2025 had verified the compromise. It has further been contended that applicant and Opposite Party No. 2 have compromised the matter and Opposite Party No. 2 does not want to proceed the matter against the applicant. The Opposite Party No. 2 is ready to withdraw the criminal prosecution of the applicant and in view of the compromise, no
fruitful purpose would be served if the prosecution is allowed to go on.
5. Learned counsel appearing for Opposite Party No. 2 and learned Additional Government Advocate submit that both the parties have settled their dispute out of the court, hence, there is no reason to proceed further.
6. The Hon'ble Apex Court in the cases 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 had 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 the learned counsels 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 Charge-sheet dated 25.06.2021, impugned cognizance order dated 09.09.2021 as well as entire proceedings of the Criminal Case No. 15078 of 2021 (State Vs. Dilip Tiwari & Others), in connection to Case Crime No. 47 of 2021 registered under Sections 504 & 506 I.P.C. in Police Station Kohdaur, District Pratapgarh, pending in the Court of the learned Additional Civil Judge (Junior Division), Court No. 23, Pratapgarh, are hereby quashed.
9. This application under Section 482 Cr.P.C./Section 528 of the B.N.S.S., 2023 is accordingly allowed.
Order Date :- 5.6.2025 A. Mandhani Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad, Lucknow Bench