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2025 DAILYLAW 35464 (ALL)

SMT. GEETA DEVI AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/14309/2008 · 2025-09-08

Avnish Saxena

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 14309 of 2008 Court No. - 79 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Satyendra Narayan Singh, learned counsel for the applicants, Sri Devendra Singh, learned counsel for opposite party no.2 and learned A.G.A. for the State and perused the record. 2. The instant application under Section 482 Cr.P.C. has been moved with a prayer to quash the entire criminal proceeding of Case No.186 of 2008 (State of U.P. Versus Smt. Geeta Devi and others) including the cognizance order dated 20.02.2008 under Sections 147, 323, 504, 506 I.P.C. and Section 3(1)X of SC/ST Act, Police Station Kon, District Sonbhadra, pending before the court of Additional Chief Judicial Magistrate, Sonbhadra. 3. Learned counsel for the applicants appears and submits that a frivolous F.I.R. has been registered by opposite party no.2 against the applicants, when the informant visited the fair price shop run by applicant No.1, who is since deceased. Further submits that the parties have entered into a compromise. 4. Sri Devendra Singh, learned counsel for opposite party no.2 appears and filed counter affidavit. He admits the factum of compromise entered into between the parties and also files the compromise. 5. The parties have buried their hatchets. The matter is pending since 2008 and the trial is stayed. There is no point in getting the trial continued, when the parties have buried their differences and the star witness would not support the prosecution case. Hence, this application is liable to be allowed. 7. In view of above, the cognizance order dated 20.02.2008 and the Versus Counsel for Applicant(s) : Satyendra Narayan Singh Counsel for Opposite Party(s) : Govt. Advocate Smt. Geeta Devi And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) proceeding arose out of case crime number mentioned above is hereby quashed. Consequently, the proceedings of trial is also quashed. 8. The application under Section 482 Cr.P.C. is allowed accordingly. September 9, 2025 MN/- A482 No. 14309 of 2008 2 (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad