ANUJ UMAR GUPTA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/22677/2025 · 2025-10-07
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 69280 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 69280 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 22677 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Sri Ashish Kumar, learned counsel for opposite party no. 2 preferred vakalatnama which is taken on record. 2. Heard Sri Harsh Vikram, learned counsel for applicants, Sri Ashish Kumar, learned counsel for opposite party no. 2 and learned AGA for the State. 3. Present application has been preferred with a prayer to quash the charge sheet dated 7.11.2015, supplementary charge sheet dated 2.4.2016 in Criminal Case no. 1501/2015 in Case Crime no. 402 of 2015 (State vs. Anuj Kumar Gupta and others) under sections 420, 467, 468, 471, 504, 506 IPC, PS- Sambhal, District Sambhal. 4. Learned counsel for applicants submitted that both the parties i.e. applicants and opposite party no. 2 have already into a compromise and in compliance of order dated 13.2.2025 passed by co-ordinate Bench of this Court passed in Application u/s 528 BNSS no. 3653 of 2025 (Anuj Kumar Gupta and 2 others vs. State of U.P. and another), compromise has already been verified by learned Civil Judge (Junior Division)/Judicial Magistrate, Sambhal vide order dated 23.4.2025 and the same is appended as Annexure no. 10 wherein it is mentioned that compromise has been verified in presence of both the parties. 5. Sri Ashish Kumar, learned counsel for opposite party no. 2 and learned AGA for the State showed no objection to aforesaid contention of learned Versus Counsel for Applicant(s) : Dharm Vir Jaiswal, Harsh Vikram Counsel for Opposite Party(s) : G.A. Anuj Umar Gupta And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
counsel for applicants. 6. From perusal of records, it transpires that the parties have amicably settled their dispute 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 verification report. 7.
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. 8. 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. 9. In view of the aforementioned facts and circumstances, the entire proceeding of Criminal Case no. 1501/2015 in Case Crime no. 402 of 2015 (State vs. Anuj Kumar Gupta and others) under sections 420, 467, 468, 471, 504, 506 IPC, PS- Sambhal, District Sambhal, are hereby quashed, only in respect of applicants namely Anuj Kumar, Prateek Rastogi, Sanjay Tandan. 10. Accordingly, the present application stands allowed. 11. The parties may file the copy of this order before the court concerned within two weeks from today. October 8, 2025 Shaswat NA528 No. 22677 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad