SMT. ASTHA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/34047/2016 · 2025-03-17
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43951 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43951 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:38693 Court No. - 74 Case :- APPLICATION U/S 482 No. - 34047 of 2016 Applicant :- Smt. Astha And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Sadab Khan Counsel for Opposite Party :- G.A.,Rakesh Dubey Hon'ble Saurabh Srivastava,J.
1. Heard Shri Mohammad Sadab Khan, learned counsel for the applicants and Shri Akhilesh Kumar Vishwakarma holding brief of Shri Rakesh Dubey,
learned counsel for respondent no.2.
2. The present A-482 application has been preferred with the prayer to allow this application and quash the charge sheet dated 29.11.2015 in Case crime no.215 of 2015, under Sections 323, 352, 504, 506 IPC, P.S. Fazalganj, District Kanpur Nagar and also quash the cognizance order dated 13.7.2016.
3. At the very outset, learned counsel for the applicants submitted that during pendency of First Appeal No.86 of 2020 with the prime intervention of the Division Bench of this court, both the parties arrived over a compromise and the essence of the same has been mentioned in the order dated 5.12.2023 passed in First Appeal No.86 of 2020 and on the basis of the same certain pending cases instituted at the behest of respondent no.2 has already been withdrawn, so far as initial proceedings in shape of Criminal Case No.33369 of 2016 arising out of Case Crime No.215 of 2015 in pursuance to Section 323, 352, 504 and 506 IPC is concerned, the same is still pending at the behest of interim protection granted in favour of applicants vide order dated 9.11.2016 passed in the instant application through which the entire proceedings of aforesaid criminal case has been put under challenge.
4. It is submitted by both the learned counsel appearing for the parties that once the compromise has already been taken place and terms and
conditions of the same has already been complied with there is hardly any necessity to pursue the instant matter and Case No.33369 of 2016 also lost its efficacy.
5. Shri Akhilesh Kumar Vishwakarma submitted that he is having no objection if entire proceedings arising out of Criminal Case No.33369 of 2016 in pursuance to Case crime no.215 of 2015 is quashed and set aside by this court, since the same will be in terms of compromise which has already been taken place between the parties.
6. In view of the aforementioned facts and circumstances and after having the no objection from Shri Akhilesh Kumar Vishwakarma, learned counsel appearing on behalf of respondent no.2, the instant A-482 petition is hereby allowed by way of quashing the entire proceedings of Case No.33369 of 2016 in Case Crime No.215 of 2015. Since the same is in the strict compliance of the compromise taken place before Division Bench of this court in First Appeal No. 86 of 2020.
Order Date :- 18.3.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad