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2025 DAILYLAW 80188 (ALL)

PADAM PRAKASH SHUKLA AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/24329/2024 · 2025-08-22

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:146425 Court No. - 89 Case :- APPLICATION U/S 482 No. - 24329 of 2024 Applicant :- Padam Prakash Shukla And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Usha Srivastava,Vinod Kumar Srivastava Counsel for Opposite Party :- G.A.,Lal Chandra Mishra Hon'ble Jitendra Kumar Sinha,J. 1. The case is taken up on mentioning. 2. Heard Sri Vinod Kumar Srivastava, learned counsel for the applicants, Sri Anemash Kumar Kushwaha, Advocate, holding brief of Sri Lal Chandra Mishra, learned counsel for opposite party no.2 and Sri Ashish Kumar Tripathi, learned AGA for the State- opposite party no.1. 3. This application u/s 482 Cr.P.C. has been preferred with prayer to quash the charge sheet dated 24.06.2015 as well as cognizance order dated 10.07.2015, in Case No.1776 of 2015, arising out of Case Crime N.76 of 2015, under sections 420, 406, 417, IPC (State Vs. Padam Prakash Shula and another), Police Station Harbans Mohal, District Kanpur Nagar, pending in the court of Metropolitan Magistrate-IX, Kanpur Nagar, on the basis of compromise dated 20.02.2016. 4. It is contended by learned counsel for the applicants that applicants and opposite party no.2 have entered into compromise and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise sent by the court concerned is already on the record. The certified copy of the compromise as well as proceeding of compromise verification are also on record as annexure Nos.S.A.-1 and 2 to the supplementary affidavit, respectively. Learned counsel for the applicants further prays that in view of the compromise entered into between the applicants and opposite party no.2, the proceeding of the aforesaid case be quashed. 5. On the other hand, learned counsel for the opposite party no.2 and learned AGA for the State have no objection to the above submissions made by learned counsel for the applicants. 6. In view of the fact that applicants and opposite party no.2 have entered into compromised and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise is already on the record and taking note of the law laid down by Hon'ble Supreme Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed, in respect of the applicants. 7 In view of the aforesaid, the charge sheet dated 24.06.2015 as well as cognizance order dated 10.07.2015, in Case No.1776 of 2015, arising out of Case Crime N.76 of 2015, under sections 420, 406, 417, IPC (State Vs. Padam Prakash Shula and another), Police Station Harbans Mohal, District Kanpur Nagar, pending in the court of Metropolitan Magistrate-IX, Kanpur Nagar, are hereby quashed. 8. The application u/s 482 Cr.P.C. is hereby allowed. Order Date :- 23.8.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad