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2025 DAILYLAW 62691 (ALL)

SANJEEV KRISHNA SHUKLA v. State of U.P AND ANOTHER

A482/15649/2024 · 2025-02-26

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27095 Court No. - 78 Case :- APPLICATION U/S 482 No. - 15649 of 2024 Applicant :- Sanjeev Krishna Shukla Opposite Party :- State Of U.P And Another Counsel for Applicant :- Abhisht Jaiswal,Pranav Tiwary Counsel for Opposite Party :- Brajesh Kumar Singh,G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Pranav Tiwary, learned counsel for the applicant, Sri Brajesh Kumar Singh, learned counsel for the opposite party no.2 and Sri Birendra Pratap Singh, learned counsel for the State and perused the record. 3. This application under Section 482 Cr.P.C. has been filed by the applicant- Sanjeev Krishna Shukla with the prayer to allow this application and quash the entire proceeding as well as impugned charge-sheet dated 14.11.2020 & summoning order dated 21.12.2020 in Case No. 32406 of 2020 (State of U.P. Vs. Sanjeev Krishna Shukla) arising out of Case Crime No. 172 of 2020, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Kalyanpur, District Kanpur Nagar, pending in the court of Additional Chief Metropolitan Magistrate-II, Kanpur Nagar, with a further prayer that proceeding of the aforesaid case be stayed during the pendency of the present application. 4. The office vide its report dated 25.02.2025 reported that a report from the In- charge A.C.J.M., Court No.2, Kanpur Nagar through the District Judge, Kanpur Nagar been received, wherein it has been stated that compromise between the parties has been verified vide its report dated 30.01.2025. 5. Learned counsel for the applicant argued that the parties have settled the dispute amicably out of court and on the basis of compromise the applicant filed the present Criminal Misc. Application U/S 482 Cr.P.C. before this Court in which an order for verification of the compromise was passed on 22.01.2025. 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 30.01.2025. It is argued that the opposite party no. 2 is not interested to pursue the matter pending in the trial court and is not inclined to give any evidence against the applicants and therefore the impugned proceedings be quashed on the ground of compromise between the parties. 6. Learned counsel for the opposite party no.2 and 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. 7. 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. 8. 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 exercising powers by this Court to quash the entire proceedings of case as prayed for by the applicant. 9. The present application is allowed. 10. The entire proceedings of the said case are hereby quashed. Order Date :- 27.2.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad