Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 36821 (ALL)

JITENDRA KUMAR MANDAL AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/11473/2025 · 2025-04-07

Saurabh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:51097 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11473 of 2025 Applicant :- Jitendra Kumar Mandal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Dwivedi,Shri Prakash Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application u/s 482 Cr.P.C has been preferred with a prayer to quash the entire proceeding, charge sheet along with cognizance order dated 06.12.2024 and 28.09.2023 in Case no. 958 of 2023, pertaining to Case Crime no. 0026 of 2022 (State vs. Manish Kumar Shah and others) under sections 419, 420, 467, 468, 471, 120B of IPC and 66D of Information Technology (Amendment) Act, 2008, PS- Cyber Crime Mirzapur, District Mirzapur pending in the court of learned Chief Judicial Magistrate, Mirzapur on the basis of compromise held between the parties. 3. At the very outset, learned counsel for the applicants submitted that in pursuance to order dated 18.12.2024 passed by co-ordinate Bench of this Court in Application u/s 482 no. 20802 of 2024 (listed today itself in this Court), the compromise entered by both the parties which has been reduced in writing on dated 04.06.2024 has been verified in presence of both the parties by learned court of Chief Judicial Magistrate, Mirzapur on dated 05.06.2024 and the verification report has been received by learned Registrar General of this Court which is placed in record of Application u/s 482 no. 20802 of 2024 and marked as Flag 'A'. The same fact has also been supported through averment made in para 3 of supplementary affidavit preferred today on behalf of applicant in the Application u/s 482 no. 20802 of 2024 and is also endorsed by learned counsel for opposite party no. 2. 4. From perusal of records, it transpires that the parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for the parties and it has been 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 Case no. 958 of 2023, pertaining to Case Crime no. 0026 of 2022 (State vs. Manish Kumar Shah and others) under sections 419, 420, 467, 468, 471, 120B of IPC & 66D Information Technology (Amendment) Act 2008, PS- Cyber Crime Mirzapur, District Mirzapur as well as impugned charge sheet dated 28.09.2023 along with cognizance order dated 06.12.2024, are hereby quashed, only in respect of applicants herein. 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 :- 8.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad