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2025 DAILYLAW 200734 (ALL)

PUSHPA DEVI AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

A482/12816/2024 · 2025-10-14

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 12816 of 2024 Court No. - 82 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party no. 2, learned counsel for the State and perused the records. 2. The present application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the entire criminal proceeding of the case and the charge sheet No. 237 of 2023 dated 30.09.2023 and cognizance as well as summoning order dated 09.01.2024 passed by learned Chief Judicial Magistrate, District Etawah in Criminal Case No. 103 of 2024 (State vs. Shubham Singh and others), Case Crime No. 336 of 2022, under Sections 420, 467, 468, 471 I.P.C., Police Station Kotwali, District Etawah, pending in the Court of Chief Judicial Magistrate, District Etawah. 3. Learned counsel for the applicants states that an order was passed by a co- ordinate Bench of this Court on 24.04.2025, directing the applicants to file the compromise deed before the court concerned which was to be verified by the court concerned. In pursuance of the said order, the court concerned vide order dated 20.05.2025 verified the said compromise. Copy of the same is on record in the connected Application U/S 482 Cr.P.C. No. 5627 of 2025. The same is not disputed by learned counsel for the opposite party no.2. 4. 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 : Versus Counsel for Applicant(s) : Ankit Kumar Srivastava, Arvind Kumar Srivastava Counsel for Opposite Party(s) : G.A. Pushpa Devi And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) (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. 5. 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 entire proceeding, charge sheet, cognizance/summoning order as prayed for by the applicants. 6. The present application is allowed. 7. The entire proceeding, entire proceeding, charge sheet, cognizance/summoning order of the aforesaid case is hereby quashed. October 15, 2025 Manoj A482 No. 12816 of 2024 2 (Tej Pratap Tiwari,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad