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2025 DAILYLAW 21901 (ALL)

MANGAL KUSHWAHA ALIAS MANGAL SINGH KUSHWAHA v. State of UP AND ANOTHER

A482/5498/2024 · 2025-03-19

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41031 Court No. - 74 Case :- APPLICATION U/S 482 No. - 5498 of 2024 Applicant :- Mangal Kushwaha Alias Mangal Singh Kushwaha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadhesh Prasad,R.K Singh Gaharwar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Awadhesh Prasad Pandey, learned counsel for the applicant, and learned AGA for State. 2. Present application u/s 482 Cr.P.C has been preferred with a prayer to allow the instant application and stay and quash the Criminal Case No.13691 of 2022 (State vs. Mangal Kushwaha) arising out of Case Crime no.96 of 2021 under Section 506 IPC and 66 of Information Technology (Amendmet) Act, 2000, Police Station Baruwa Sagar, District Jhansi including charge sheet dated 13.06.2021 as well as cognizance order dated 10.08.2022 passed by Civil Judge (Senior Division)/FTC, Jhansi. 3. On the basis of verification report submitted by learned Additional Chief Judicial Magistrate/Civil Judge (S.D.)/F.T.C, Jhansi on the verification order dated 14.11.2022, entered between the parties which has been appended along with instant A-482 application as Annexure no. 7. 4. The parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for opposite parties and it has been jointly submitted that there would be no harm and error and it would be in the interest of justice that the proceedings may be quashed in light of the compromise. 5.A three-Judge Bench of the Hon'ble Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, has observed in para 58 of the said judgment that where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is resorted; securing the ends of justice being the ultimate guiding factor. 6. In the case of Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, [(1988) 1 SCC 692], Hon'ble the Apex Court has also observed that where matters are also of civil nature i.e. matrimonial, family disputes, etc. the Court may consider "special facts", "special feature" and quash the criminal proceeding to encourage genuine settlement of disputes between the parties. 7. In view of the aforementioned facts and circumstances, the entire proceeding of Criminal Case No.13691 of 2022 (State vs. Mangal Kushwaha) arising out of Case Crime no.96 of 2021 under Section 506 IPC and 66 of Information Technology (Amendmet) Act, 2000, Police Station Baruwa Sagar, District Jhansi including charge sheet dated 13.06.2021 as well as cognizance order dated 10.08.2022 passed by Civil Judge (Senior Division)/FTC, Jhansi, are hereby quashed. 8. Accordingly, the present application under Section 482 of the Code stands allowed. 9. The parties may file the copy of this order before the court concerned within two weeks from today. Order Date :- 20.3.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad