VIPUL GUPTA AND ANOTHER v. State of U.P. AND ANOTHER
A482/33264/2024 · 2025-10-28
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DailyLaw.ai
[ 2025 DAILYLAW 192669 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 192669 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 33264 of 2024 Court No. - 82 HON'BLE TEJ PRATAP TIWARI, J.
1. Heard Mr. A.K. Sand, learned counsel for the applicant, learned AGA for the State of U.P. and perused the record. 2. In pursuance of the earlier order dated 24.01.2025, supplementary affidavit filed by the learned counsel for the applicant is on the record. In that, on page No.6 the order passed by the Judicial Magistrate-II, (Outlying Court) Shambhal dated 28.03.2025, the matte has been settled between the parties. 3. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire charge-sheet dated 21.02.2024 and Cognizance order dated 11.07.2024 in Case Crime No. 0459 of 2023 under Section 420, 323, 504, 506, 406, I.P.C., Police Station Sambhal, District Sambhal, pending in the court of Additional Magistrate, Sambhal. 4. Learned counsel for the applicant states that an order was passed by a co-ordinate Bench of this Court on 05.08.2025 directing the applicants to file the said compromise deed before the court concerned which was to be verified by the court concerned. In pursuance of the said order, the court concerned on 01.09.2025 verified the said compromise. Copy of the same is on record. The same is not disputed by learned counsel for the opposite party no.2. Versus Counsel for Applicant(s) : Satya Dheer Singh Jadaun, A. K. Sand, Irshad Ahmad Counsel for Opposite Party(s) : G.A. Vipul Gupta And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
5. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed. 6.
From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings, charge sheet as well as cognizance order as prayed for by the applicant(s). 7. The present application is allowed. 8. The entire proceedings, charge sheet as well as cognizance order of the aforesaid case are hereby quashed. October 29, 2025 NSC A482 No. 33264 of 2024 2 (Tej Pratap Tiwari,J.) Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad