SHANKAR SHARMA ALIAS DEEPAK PANDIT AND ANOTHER v. State of U.P. AND ANOTHER
A482/15291/2024 · 2025-04-15
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61194 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61194 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:56215 Court No. - 74 Case :- APPLICATION U/S 482 No. - 15291 of 2024 Applicant :- Shankar Sharma Alias Deepak Pandit And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Supplementary affidavit preferred on behalf of applicants is taken on record.
2. Heard Sri Sanjay Srivastava, learned counsel for applicants and Sri Ajay Kumar Srivastava, learned counsel for opposite party no. 2 and learned AGA for State.
3. Present application u/s 482 Cr.P.C has been preferred with a prayer to quash the charge sheet dated 07.10.2020 including cognizance order dated 08.02.2021 as well as entire criminal proceeding of Case no. 186/2021 arising out of Case Crime no. 79/2020, under Section 420/406 IPC and 66 Information Technology Act, PS- Jani, District- Meerut, (State vs. Shankar Sharma and others) pending in the court of learned Additional Chief Judicial Magistrate-IVth, Meerut.
4. Learned counsel for applicants submitted that the parties had entered into compromise and in compliance of earlier order of this Court dated 09.05.2024, the same has also been verified by learned Additional Chief Judicial Magistrate, Court no. 4, Meerut vide
order dated 05.06.2024 which is annexed as Annexure no. SA1 to the supplementary affidavit preferred today and this fact has been endorsed by Sri Ajay Kumar Srivastava, learned counsel for opposite party no. 2.
5. 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. 6.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.
7. 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.
8. In view of the aforementioned facts and circumstances, charge sheet dated 07.10.2020, cognizance order dated 08.02.2021 as well as entire criminal proceeding of Case no. 186/2021 arising out of Case Crime no. 79/2020, under Section 420/406 IPC and 66 Information Technology Act, PS- Jani, District- Meerut, (State vs. Shankar Sharma and others) are hereby quashed and set aside.
9. Accordingly, the present application under Section 482 of the Code stands allowed.
10. The parties may file the copy of this order before the court concerned within two weeks from today.
Order Date :- 16.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad