ANSHU GUPTA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/22795/2025 · 2025-08-17
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 69558 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 69558 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:141452 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 22795 of 2025 Applicant :- Anshu Gupta And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Nishad Counsel for Opposite Party :- Vishal Shukla,G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Rajesh Kumar Nishad, learned counsel for applicants, Sri Vishal Shukla, learned counsel for opposite party no. 2 and learned AGA for the State.
2. Present application has been preferred with a prayer to quash
order dated 28.03.2024 passed by learned Chief Judicial Magistrate, Banda whereby charges have been framed against the applicants in Case no. 3436/2022 (2867/2022) (State vs. Anshu Gupta and others) Case Crime no. 56/2021 under section 501 IPC and 67 I.T. Act, PS- Chilla, District Banda, pending in court of Chief Judicial Magistrate, Banda and entire criminal proceeding of Case no. 3436 of 2022
3. In compliance of earlier order dated 1.7.2025 passed by this Court, compromise verification report has already been received from learned Chief Judicial Magistrate, Banda and the same is appended to order sheet wherein it is mentioned that compromise has been verified on dated 05.08.2025 in presence of both the parties. 4. Sri Vishal Shukla, 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.
3436/2022 (2867/2022) (State vs. Anshu Gupta and others) arising out of Case Crime no. 56/2021 under section 501 IPC and 67 I.T. Act, PS- Chilla, District Banda, 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