ANAND PRAKASH SRIVASTVA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/8148/2025 · 2025-03-11
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25101 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25101 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:36500 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 8148 of 2025 Applicant :- Anand Prakash Srivastva And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umesh Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Sri Umesh Chandra Tiwari, learned counsel for the applicants, Sri Mayank Awasthi, learned Brief Holder for the State, and perused the record. 2. This application has been filed challenging the charge sheet no. 3 of 2023, cognizance order dated 14.06.2023 and proceedings of Case No. 457 of 2023, State v. Anand Prakash Srivastava and another, arising out of Crime No. 3 of 2023, under Sections 498A, 323, 504, 506, 344 IPC and 3/4 Dowry Prohibition Act and Sections 3(2)(5A), 3(1)da, 3(1)Dha SC/ST Act, Police Station Mahila Thana, District Sonbhadra, pending in the court of Special Judge (SC and ST) Court, Sonbhadra, on the basis of compromise. 3. Earlier, Application U/s 482 No. 41827 of 2023, was filed by the applicants, in which by order dated 22.11.2023 a Coordinate Bench of this Court has directed the parties to appear before this Court for verification of the compromise. In compliance of the said order, a compromise between the parties has been verified vide order dated 18.12.2023 passed by Special Judge (SC/ST) Act, Sonbhadra, in the presence of the parties along with their respective counsels. Copy of the said order has been brought on record at Page-54 of the petition. 4. Learned counsel for the applicants submits that since the compromise entered between the parties has been verified by the court concerned, the entire proceedings of the aforesaid criminal case may be quashed by this Court. 5. Learned A.G.A. for the State accepts that the parties have entered into a compromise, he has no objection, if the proceedings in the aforesaid case are quashed. 6. Before proceeding further it shall be apt to make a brief reference to the following cases:-
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; and
5. Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,
7.
In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278, in which the law expounded by the Apex court in the aforesaid cases has been explained in detail. 8. Considering the facts and circumstances of the case, as noted hereinabove, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute. 9. Accordingly, the proceedings of charge sheet dated proceedings of charge sheet no. 3 of 2023, cognizance order dated 14.06.2023 and proceedings of Case No. 457 of 2023, State v. Anand Prakash Srivastava and another, arising out of Crime No. 3 of 2023, under Sections 498A, 323, 504, 506, 344 IPC and 3/4 Dowry Prohibition Act and Sections 3(2)(5A), 3(1)da, 3(1)Dha SC/ST Act, Police Station Mahila Thana, District Sonbhadra, pending in the court of Special Judge (SC and ST) Court, Sonbhadra, are hereby quashed. 10. The application is, accordingly, allowed. There shall be no
order as to costs.
11. A copy of this order be sent to the court concerned forthwith.
Order Date :- 12.3.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad