SHASHANK SRIVASTAVA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/30287/2025 · 2025-10-05
Vikram D Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 86982 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 86982 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 30287 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J.
1. Supplementary affidavit filed by learned counsel for the applicants is taken on record. 2. Heard learned counsel for the applicants and learned A.G.A. for the State. 3. This application has been filed by the applicants for quashing the Criminal Case No. 735/2012 (State vs. Shashank Shrivastav and others), as well as charge-sheet number 29/2012 dated 29.04.2012 in Case Crime no. 135/2012 under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station- Line Bazar, Jaunpur, as well as cognizance order dated 19.5.2012, passed by the court of Chief Judicial Magistrate, Jaunpur on the basis of compromise dated 06.05.2025, entered into between the parties. 4. Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 06.05.2025/ 04.08.2025 and the same has been verified by the court concerned on 09.09.2025, therefore, the present case be finally decided. 5. Learned AGA does not dispute the fact that parties have entered into settlement which is duly verified by the court concerned. It is further submitted that he would have no objection in case criminal proceedings are put to an end. He further submits that in view of settlement there is virtually no chance of any conviction being recorded in the criminal proceedings. 6. Having examined the matter in its totality, this Court is of the view that the criminal proceedings in the present case had essentially been an outcome Versus Counsel for Applicant(s) : Satyendra Narayan Singh, Shivalika Pandey Counsel for Opposite Party(s) : G.A. Shashank Srivastava And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
of a matrimonial dispute; and there are no such over bearing circumstances for which the applicants ought to be prosecuted even after the parties has entered into a settlement. Needless to observe that with the present stand of the parties in terms of their settlement, there is practically no chance of recording conviction, even if the case under the F.I.R. in question is put to trial. In other words, entire exercise of trial would only be an exercise in futility.
On the contrary, looking to the nature of dispute and the fact that the disputants have compromised and want to proceed peacefully ahead, it would be in the interest of justice that criminal proceedings in question are quashed. 7. It would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and to secure the ends of justice, it is appropriate that the criminal case is put to an end. 8. In view of the fact that the parties do not want to pursue the case any further as stated by them and the fact that matter has been mutually settled between the parties in view of the compromise dated 06.05.2025/ 04.08.2025, no useful purpose would be served in proceeding with the matter further. 9. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court in Parbatbhai Aahir Vs. State of Gujarat (2017) 9 SCC 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688, the proceedings of the aforesaid case is hereby quashed. 10. The present application under Section 528 BNSS is, accordingly, allowed. October 6, 2025 Gurpreet Singh NA528 No. 30287 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad