Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 64335 (ALL)

SANTOSH SRIVASTAVA AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/19595/2025 · 2025-08-17

Saurabh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:141497 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 19595 of 2025 Applicant :- Santosh Srivastava And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- Pradeep Kumar Tiwari,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Ravindra Prakash Srivastava, learned counsel for applicants, Sri Pradeep Kumar Tiwari, learned counsel for opposite party no. 2 and learned AGA for the State. 2. Present application has been preferred with a prayer to quash charge sheet dated 17.3.2019 and cognizance as well as summoning order dated 2.4.2019 and entire proceeding of Case no. 1585 of 2019 (State vs. Santosh Srivastava and another) arising out of Case Crime no. 42 of 2019 under sections 379, 419, 420, 411 IPC and 66C, 66D of Information Technology (Amendment) Act, 2008, PS- Mahuli, District Sant Kabir Nagar pending in court of learned Chief Judicial Magistrate, Sant Kabir Nagar and all consequential proceedings thereon. 3. In compliance of earlier order dated 29.5.2025 passed by this Court, compromise verification report has already been received from learned Chief Judicial Magistrate, Sant Kabir Nagar and the same is appended to order sheet wherein it is mentioned that compromise has been verified on dated 18.06.2025 in presence of both the parties. 4. Sri Pradeep Kumar Tiwari, learned counsel for opposite party no. 2 and learned AGA for the State showed no objection to aforesaid contention of learned counsel for applicant. 5. 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. 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, the entire proceeding of Case no. 1585 of 2019 (State vs. Santosh Srivastava and another) arising out of Case Crime no. 42 of 2019 under sections 379, 419, 420, 411 IPC and 66C, 66D of Information Technology (Amendment) Act, 2008, PS- Mahuli, District Sant Kabir Nagar and charge sheet dated 17.3.2019, are hereby quashed, only in respect of applicants herein. 9. Accordingly, the present application stands allowed. 10. The parties may file the copy of this order before the court concerned within two weeks from today. Order Date :- 18.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad