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2025 DAILYLAW 30948 (ALL)

VISHNU @ NITIN KUMAR SINGH AND 7 OTHERS v. STATE OF U.P. AND ANOTHER

A482/39570/2016 · 2025-04-02

Saurabh Srivastava

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Judgment text

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Neutral Citation No. - 2025:AHC:47129 Court No. - 74 Case :- APPLICATION U/S 482 No. - 39570 of 2016 Applicant :- Vishnu @ Nitin Kumar Singh And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- R P Rajan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri R.P. Rajan, learned counsel for 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 impugned charge sheet dated 21.10.2016 giving rise to Criminal Case No.5671 of 2016 (arising out of Case crime no.0185 of 2016) under Sections 147, 148, 149, 323, 506 IPC and Section 7 of C.L.A. Act, P.S, Cholapur District Varanasi pending in the court of Additional Chief Judicial Magistrate 1st, Varanasi. 3. On the basis of verification report submitted by learned Additional Chief Judicial Magistrate, Court No.1, Varanasi on the compromise dated 18.2.2017, entered between the parties which has been appended along with the supplementary affidavit dated 02.04.2025 available at page no. 8 as Annexure no. SA1. 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 impugned charge sheet dated 21.10.2016 giving rise to Criminal Case No.5671 of 2016 (arising out of Case crime no.0185 of 2016) under Sections 147, 148, 149, 323, 506 IPC and Section 7 of C.L.A. Act, P.S, Cholapur District Varanasi pending in the court of Additional Chief Judicial Magistrate 1st, Varanasi, is 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 :- 3.4.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad