ANAND SHANKAR SRIVASTAVA v. STATE OF U.P. and ANR.
A482/841/2018 · 2025-05-09
Om Prakash Shukla
body2025
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[ 2025 DAILYLAW 151288 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151288 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:27493 Court No. - 30 Case :- APPLICATION U/S 482 No. - 841 of 2018 Applicant :- Anand Shankar Srivastava Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Salil Mohan,Dhananjay Kumar Singh Counsel for Opposite Party :- Govt. Advocate,Neeraj Srivastava,Piyush Kumar Singh,Satya Narain Mishra Hon'ble Om Prakash Shukla,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the opposite party no.2.
2. By means of this petition under Section 482 Cr.P.C./ 528 BNSS, 2023, the applicant has prayed for quashing of the entire proceedings of Complaint Case No.3513 of 2017 "Padmini Singh versus Anand Shankar Srivastava" under Section 138 of Negotiable Instrument Act, Police Station Mahanagar, District Lucknow, pending before the learned Additional Court, Court No.7, Lucknow including the summoning order dated 01.09.2017 as well as bailable warrant dated 07.11.2017 and non-bailable warrant dated 11.01.2018.
3. Vide order dated 20.02.2018, a coordinate Bench of this Court had granted interim relief to the applicant and issued notice to opposite party No.2.
4. Now today, it has been informed by learned Counsel for the parties that the applicant and the opposite party No.2 have amicably settled their dispute which is of financial nature and in this regard a supplementary affidavit has been filed on behalf of the applicant dated 24.05.2019, which is on record. In the said supplementary affidavit, an application dated 23.04.2019 filed before the Additional Judge, Court No.7, Lucknow by the opposite party No.2 is enclosed as Annexure No. SA-4 stating therein that she has no grievance left and does not want to pursue the proceedings any further against the applicant.
5. Learned Counsel for the applicant and learned Counsel for the opposite party No.2 submit that as the parties have amicably settled their dispute mutually and amicably, therefore, no useful purpose would served in keeping the matter pending and allowing the proceedings to continue against the applicant, thus, they submit that the present proceedings may be quashed in the interest of justice.
6. Learned A.G.A. for the State has no objection to the
submissions advanced by learned Counsel for the parties.
7. Learned counsel for the parties submits that in view of the judgments of Hon'ble Apex Court in B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus State of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, the proceedings pending before learned trial court are liable to be quashed.
8. In view of the fact that the parties have settled their dispute outside the Court by way of compromise and from perusal of the record it appears that the opposite party No.2 has herself submitted an application before the trial court stating therein that she does not want to pursue the matter any further as well as law laid down by the Hon'ble Supreme Court of India in the aforesaid cases, the present application under Section 482 Cr.P.C./Section 528 of B,NS.S., 2023 is allowed and impugned criminal proceeding is hereby quashed in terms of compromise entered into between the parties.
Order Date :- 9.5.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench