SMT. INDRESH AND 12 OTHERS v. STATE OF U.P. AND ANOTHE
A482/10873/2018 · 2025-07-09
Vikram D Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18077 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18077 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:110551 Court No. - 76 Case :- APPLICATION U/S 482 No. - 10873 of 2018 Applicant :- Smt. Indresh And 12 Others Opposite Party :- State Of U.P. And Anothe Counsel for Applicant :- Ateeq Ahmad Khan,Mohd. Saleem Khan Counsel for Opposite Party :- Amrendra Nath Rai,G.A.,Sanjay Singh along with Case :- APPLICATION U/S 482 No. - 9493 of 2018 Applicant :- Dheeraj Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ateeq Ahmad Khan,Mohd. Saleem Khan Counsel for Opposite Party :- Amrendra Nath Rai,G.A.,Sanjay Singh Hon'ble Vikram D. Chauhan,J. 1.On the consent of learned counsels for the respective parties both the applications filed under Section 482 are hereby decided by a common judgment and order. 1-A. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
2. Application no. 10873 of 2018 has been filed for quashing the entire criminal proceedings of Case No. 935 of 2017 (State vs. Dheeraj Singh and others) arising out of Case Crime No. 214/465 of 2016 under Section 120B IPC, P.S. Kasana, District Gautambudh Nagar, as well as, charge-sheet no.251 dated 10.11.2016, as well as, bailable warrant order dated 04.01.2018 in Application u/s 482 No.10873 and Application No. 9493 of 2018 has been filed for quashing the entire criminal proceedings of Case No. 935 of 2017 (State vs. Dheeraj Singh and others) arising out of Case Crime No. 214/465 of 2016 under Sections 420, 467, 468, 471, 474, 120B, 504, 506 IPC, P.S. Kasana, District Gautambudh Nagar, as well as, charge-sheet no.251 dated 10.11.2016, as well as, bailable warrant order dated 04.01.2018.
3. Learned counsel for the applicants submitted that the
compromise has already been entered between the parties on 15.10.2024 and the same has been verified by the court concerned on 15.10.2024, therefore, the present cases be finally decided.
4. Learned counsel for opposite party no.2 has not disputed the
facts as stated by learned counsel for the applicants. He further contended that opposite party no.2 does not want to proceed with the criminal case against the applicants and the same may be quashed. 5. 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. 6. Having examined the matter in its totality, this Court is of the view that the criminal proceedings in the present cases had essentially been an outcome of a civil nature dispute and there are no such over 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. 7. 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. 8. 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 15.10.2024, no useful purpose would be served in proceeding with the matter further. 9. 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. 10. The present applications are, accordingly, allowed.
Order Date :- 10.7.2025 S.Prakash Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad