Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 93206 (ALL)

DILIP KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/29933/2024 · 2025-09-03

Saurabh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 29933 of 2024 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for parties. 2. The present application has been filed to quash chargesheet dated 11.05.2005 and entire criminal proceedings of S.T. No.365 of 2005 (State Vs. Dilip Kumar and others), arising out of Case Crime No.103 of 2005, under Section 307 IPC and Section 3(II)5 of SC/ST Act, P.S. Lanka, District Varanasi, pending in the court of learned Special Judge (SC/ST Act), Varanasi on the basis of compromise. 3. At the very outset, learned counsel for applicants has submitted that compromise has already been preferred and the same has also been verified by learned court concerned on dated 27.09.2024 which has been appended with this petition, this fact has also been ascertained and seconded by learned counsel for opposite party no.2. 4. The parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for opposite parties and jointly submitted that there would be no harm and error and would be in the interest of justice that the proceedings may be quashed in light of the compromise. 5. A three-Judge Bench of the 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 Versus Counsel for Applicant(s) : Pradeep Kumar Singh Counsel for Opposite Party(s) : G.A., Maan Singh Dilip Kumar And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 6. 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. 7. Keeping in mind the position of law and facts, circumstances of the case, chargesheet dated 11.05.2005 and entire criminal proceedings of S.T. No.365 of 2005 (State Vs. Dilip Kumar and others), arising out of Case Crime No.103 of 2005, under Section 307 IPC and Section 3(II)5 of SC/ST Act, P.S. Lanka, District Varanasi, pending in the court of learned Special Judge (SC/ST Act), Varanasi, are hereby quashed. 8. Accordingly, the present application stands allowed. 9. This order is being passed by this Court after hearing the contesting parties. If at all, opposite party no. 2 feels that he has been duped or betrayed, then in that event, he may file recall application explaining the reasons for filing the said application. 10. The parties may file the copy of this order before the court concerned within two weeks from today. September 4, 2025 Vivek Kr. A482 No. 29933 of 2024 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad