Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 27780 (ALL)

SHEKHAR BANSAL AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

A482/17934/2023 · 2025-05-11

Manju Rani Chauhan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:77260 Court No. - 52 Case :- APPLICATION U/S 482 No. - 17934 of 2023 Applicant :- Shekhar Bansal And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- Akhil Srivastava,G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Surendra Kumar Tripathi, learned counsel for the applicants, Mr. Mahendra Tripathi, Advocate, holding brief of Sri Akhil Srivastava, learned counsel for opposite party no.2, Mr. P.K. Singh, learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed with the prayer to quash the entire proceedings of Case No.2236 of 2011 (Complaint Case No.237 of 2005) (Smt. Anuradha Vs. Shekhar Bansal), under Sections 498-A, 323, 504, 506 and 406 I.P.C. and Section 3/4 D.P. Act, Police Station- Kotwali, District- Agra, pending in the court of Special Chief Judicial Magistrate, Agra, on the basis of compromise dated 30.08.2022. 3. On 22.05.2023, the following order was passed:- "1. Mr. Surendra Kumar Tripathi, learned counsel for the applicants has submitted that the parties have entered into compromise and the same has been filed on 30.09.2022 before the court below, but the same has not been verified till date, therefore, a direction may be issued to the court below to verify the said compromise. 2. Under the circumstances, court below is directed to verify the compromise filed before it after hearing the parties and send its report by the next date fixed in the matter. 3. List this case on 10th July, 2023 alongwith Application u/s 482 No.17847 of 2023." 4. In compliance of the aforesaid order dated 22.05.2023, a compromise verification report is kept on record as is evident from the office report dated 08.08.2024. The letter of Additional Civil Judge (Junior Division)/ Judicial Magistrate, Court No.5, Agra dated 06.07.2023 is placed along with the order dated 01.06.2023, by which compromise between the parties has been verified. 5. Learned counsel for the applicants submits that since the compromise entered between the parties has been verified by the court below, the entire proceedings of the aforesaid criminal case may be quashed by this Court. 6. Learned A.G.A. for the State and learned counsel for opposite party no.2 also accept that the parties have entered into a compromise and the copy of the same has also been enclosed along with verification order, they have no objection, if the proceedings in the aforesaid case are quashed. 7. This Court is not unmindful of the following judgements of the Apex Court: (i). B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675, (ii). Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677, (iii). Manoj Sharma Vs. State and Others; (2008) 16 SCC 1, (iv). Gian Singh Vs. State of Punjab; (2012); 10 SCC 303, (v). Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466, 8. 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 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) and Daxaben Vs. State of Gujarat, reported in 2022 SCC Online SC 936 in which the law expounded by the Apex court in the aforesaid cases has been explained in detail. 9. Considering the facts and circumstances of the case, as noted herein above, 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. 10. Accordingly, the entire proceedings of Case No.2236 of 2011 (Complaint Case No.237 of 2005) (Smt. Anuradha Vs. Shekhar Bansal), under Sections 498-A, 323, 504, 506 and 406 I.P.C. and Section 3/4 D.P. Act, Police Station- Kotwali, District- Agra, on the basis of compromise, are hereby quashed. 11. The application is, accordingly, allowed. There shall be no order as to costs. 12. A copy of this order be sent to the lower court forthwith. Order Date :- 12.5.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad