ANIL KANOJIA @ ANIL MEHTA v. STATE OF U.P. AND 2 OTHERS
CRLR/3890/2023 · 2025-10-08
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39010 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39010 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 3890 of 2023 Court No. - 66 HON'BLE SAMIT GOPAL, J.
1. List revised. 2. Heard Sri Bratendra Singh, learned counsel for the revisionist, Sri Mahendra Prasad, learned counsel for the opposite party nos.2 & 3 and Sri V.D. Ojha, learned counsel for the State and perused the records. 3. In compliance of the order dated 22.09.2025 learned counsel for the revisionist has carried out the necessary amendment in the present revision. 4. The office through its report dated 08.10.2025 has reported that necessary amendment has been carried out by learned counsel for the revisionist. 5. The present revision under Section 397/401 Cr.P.C. has been filed by the revisionist- Anil Kanojia @ Anil Mehta, with the prayer to allow the present revision quash the entire criminal proceeding of Session Trial No. 1207 of 2021 (State Vs. Anil Kanojia @ Anil Mehta) as well as order dated 03.07.2023 by which the Application under Section 311 Cr.P.C. of the revisionist has been dismissed, pending in the court of Additional Sessions Judge, Court No.2, Gorakhpur. It is further prayed that proceedings of the aforesaid case be stayed during the pendency of the present revision. Versus Counsel for Revisionist(s) : Akanksha Dubey, Bratendra Singh, Dharmendra Dhar Dubey, Mahima Dwivedi Counsel for Opposite Party(s): G.A., Mahendra Prasad, Vinay Kumar Srivastava Anil Kanojia @ Anil Mehta .....Revisionist(s) State Of U.P. And 2 Others .....Opposite Party(s)
6. The office vide its report dated 04.12.2024, reported that a report from the Additional Sessions Judge, Court No.4, Gorakhpur duly forwarded by the District Judge, Gorakhpur has been received, wherein it has been stated that compromise between the parties has been verified vide its report dated 12.11.2024. 7. Learned counsel for the revisionist argued that the parties have settled the dispute amicably out of court and on the basis of compromise the revisionist filed the present revision before this Court in which an order for verification of the compromise was passed on
17.10.2024. It is argued that in compliance of the said order, the parties have filed the order of this Court along with compromise application before the concerned court for its verification after which the concerned court has verified the said compromise vide its order dated 12.11.2024. It is argued that the opposite party nos.
2 & 3 are not interested to pursue the matter pending in the trial court and is not inclined to give any evidence against the revisionist and therefore the impugned proceedings be quashed on the ground of compromise between the parties. 8. Learned counsel for the State could not dispute the fact that the matter has been amicably settled between the parties which was duly verified by the concerned trial court. 9. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (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; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed. 10. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for CRLR No. 3890 of 2023 2
exercising powers by this Court to quash the entire proceedings of case as prayed for by the revisionist. 11. The present revision is allowed. 12. The entire proceedings of the said case are hereby quashed. October 9, 2025 AS Rathore CRLR No. 3890 of 2023 3 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad