MANISH KUMAR SHAH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/20802/2024 · 2025-04-07
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 72368 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 72368 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:51096 Court No. - 74 Case :- APPLICATION U/S 482 No. - 20802 of 2024 Applicant :- Manish Kumar Shah And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- Chandra Shekhar Pandey,G.A.,Gunjan Dwivedi Hon'ble Saurabh Srivastava,J.
1. Supplementary affidavit preferred on behalf of applicants is taken on record. Registry is directed to allocate proper number over the same. 2. Heard learned counsel for the parties. 3. Present application u/s 482 Cr.P.C has been preferred with a prayer to quash the entire proceeding, charge sheet dated 11.02.2023 along with cognizance order dated 13.02.2023 in Case no. 958 of 2023, pertaining to Case Crime no. 0026 of 2022 (State vs. Manish Kumar Shah and others) under sections 419, 420, 467, 468, 471, 120B of IPC and 66D of Information Technology (Amendment) Act, 2008, PS- Cyber Crime Mirzapur, District Mirzapur pending in the court of learned Chief Judicial Magistrate, Mirzapur on the basis of compromise held between the parties. 4. At the very outset, learned counsel for the applicant submitted that in pursuance to order dated 18.12.2024 passed by co-ordinate Bench of this Court, the compromise entered by both the parties which has been reduced in writing on dated 04.06.2024 has been verified in presence of both the parties by learned court of Chief Judicial Magistrate, Mirzapur on dated 05.06.2024 and the verification report has been received by learned Registrar General of this Court which is placed in record and marked as Flag 'A'. The same fact has also been supported through averment made in para 3 of supplementary affidavit preferred on behalf of applicant and is also endorsed by learned counsel for opposite party no. 2. 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. 958 of 2023, pertaining to Case Crime no. 0026 of 2022 (State vs. Manish Kumar Shah and others) under sections 419, 420, 467, 468, 471, 120B of IPC & 66D Information Technology (Amendment) Act 2008, PS- Cyber Crime Mirzapur, District Mirzapur as well as impugned charge sheet dated 11.02.2023 along with cognizance order dated 13.02.2023, are hereby quashed, only in respect of applicants herein. 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 :- 8.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad