High Court · 2025

Case :- APPLICATION U/S 482 No. - 8244 of 2023 Applicant :- Anudeep Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Srivastava,Ganesh Shanker Srivastava Counsel for Opposite Party :- G.A.,Vinay Kumar Tripathi along with Case :- APPLICATION U/S 482 No. - 6277 of 2023 Applicant :- Rajeev Yadav @ Raju Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Shanker Srivastava,Hemant Kumar Counsel for Opposite Party :- G.A.,Vinay Kumar Tripathi Case :- APPLICATION U/S 482 No. - 8631 of 2021 Applicant :- Shakti Singh Yadav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Srivastava,Ganesh Shanker Srivastava Counsel for Opposite Party :- G.A.,Vinay Kumar Tripathi Case :- APPLICATION U/S 482 No. - 15201 of 2023 Applicant :- Mohd. Usman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Shanker Srivastava,Hemant Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J.

1. On the consent of learned counsels for the respective parties, the present applications filed u/s 482 are being hereby decided by a common judgment and order. 1-A. Heard learned counsels for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

2. Application No.8244 of 2023 has been filed for quashing the entire proceedings of Criminal Case No. 1128 of 2020 (State vs. Raj Kumar @ Babuji and others) as well as, charge-sheet No. 578A of 2020 dated 07.08.2021 and cognizance order dated 29.11.2022 passed by learned Additional Chief Judicial Magistrate, Court No. 17, Allahabad arising out of Case Crime No.232 of 2020 under Sections 344, 328, 419, 420, 467, 468, 471 and 120B IPC, P.S. Soraon, District Prayagraj. Application No.6277 of 2023 has been filed for quashing the entire proceedings of Criminal Case No. 1128 of 2020 (State vs. Raj Kumar @ Babuji and others), as well as, charge-sheet No. 578A of 2020 dated 07.08.2021 and cognizance order dated 29.11.2022 passed by learned Additional Chief Judicial Magistrate, Court No. 17, Allahabad arising out of Case Crime No.232 of 2020 under Sections 344, 328, 419, 420, 467, 468, 471 and 120B IPC, P.S. Soraon, District Prayagraj. Application No.15201 of 2023 has been filed for quashing the entire proceedings of Criminal Case No. 1128 of 2020 (State vs. Raj Kumar @ Babuji and others) as well as, charge-sheet No. 578A of 2020 dated 07.08.2021 and cognizance order dated 29.11.2022 passed by learned Additional Chief Judicial Magistrate, Court No. 17, Allahabad arising out of Case Crime No.232 of 2020 under Sections 344, 328, 419, 420, 467, 468, 471 and 120B IPC, P.S. Soraon, District Prayagraj. Application No. 8631 of 2021 has been filed for quashing the entire proceedings of Criminal Case No. 1128 of 2020 (State vs. Raj Kumar @ Babuji and others), as well as, charge-sheet No. 578 dated 25.09.2020 and cognizance order dated 12.10.2020 passed by learned Additional Chief Judicial Magistrate, Court No. 17, Allahabad arising out of Case Crime No.232 of 2020 under Sections 344, 328, 419, 420, 467, 468, 471 and 120B IPC, P.S. Soraon, District Prayagraj.

3. Learned counsel for the applicants submitted that the settlement agreement has already been entered between the parties before the Mediation Centre of this Court on 02.08.2023, therefore, the present cases be finally decided.

4. Learned counsel for opposite party no.2 has not disputed the facts as stated by learned counsel for the applicants. He further contended that opposite party no.2 does not want to proceed with the criminal case against the applicants and the same may be quashed.

5. Learned AGA does not dispute the fact that parties have entered into settlement agreement before the Mediation Centre of this Court. 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 of a 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 settled the dispute 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 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 settlement agreement dated 02.08.2023, 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 applications are, accordingly, allowed. Order Date :- 10.7.2025 S.Prakash SHASHI PRAKASH High Court of Judicature at Allahabad

Case :- APPLICATION U/S 482 No. - 8244 of 2023 Applicant :- Anudeep Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Srivastava,Ganesh Shanker Srivastava Counsel for Opposite Party :- G.A.,Vinay Kumar Tripathi along with Case :- APPLICATION U/S 482 No. - 6277 of 2023 Applicant :- Rajeev Yadav @ Raju Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Shanker Srivastava,Hemant Kumar Counsel for Opposite Party :- G.A.,Vinay Kumar Tripathi Case :- APPLICATION U/S 482 No. - 8631 of 2021 Applicant :- Shakti Singh Yadav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Srivastava,Ganesh Shanker Srivastava Counsel for Opposite Party :- G.A.,Vinay Kumar Tripathi Case :- APPLICATION U/S 482 No. - 15201 of 2023 Applicant :- Mohd. Usman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Shanker Srivastava,Hemant Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J.

1. On the consent of learned counsels for the respective parties, the present applications filed u/s 482 are being hereby decided by a common judgment and order. 1-A. Heard learned counsels for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

2. Application No.8244 of 2023 has been filed for quashing the entire proceedings of Criminal Case No. 1128 of 2020 (State vs. Raj Kumar @ Babuji and others) as well as, charge-sheet No. 578A of 2020 dated 07.08.2021 and cognizance order dated 29.11.2022 passed by learned Additional Chief Judicial Magistrate, Court No. 17, Allahabad arising out of Case Crime No.232 of 2020 under Sections 344, 328, 419, 420, 467, 468, 471 and 120B IPC, P.S. Soraon, District Prayagraj. Application No.6277 of 2023 has been filed for quashing the entire proceedings of Criminal Case No. 1128 of 2020 (State vs. Raj Kumar @ Babuji and others), as well as, charge-sheet No. 578A of 2020 dated 07.08.2021 and cognizance order dated 29.11.2022 passed by learned Additional Chief Judicial Magistrate, Court No. 17, Allahabad arising out of Case Crime No.232 of 2020 under Sections 344, 328, 419, 420, 467, 468, 471 and 120B IPC, P.S. Soraon, District Prayagraj. Application No.15201 of 2023 has been filed for quashing the entire proceedings of Criminal Case No. 1128 of 2020 (State vs. Raj Kumar @ Babuji and others) as well as, charge-sheet No. 578A of 2020 dated 07.08.2021 and cognizance order dated 29.11.2022 passed by learned Additional Chief Judicial Magistrate, Court No. 17, Allahabad arising out of Case Crime No.232 of 2020 under Sections 344, 328, 419, 420, 467, 468, 471 and 120B IPC, P.S. Soraon, District Prayagraj. Application No. 8631 of 2021 has been filed for quashing the entire proceedings of Criminal Case No. 1128 of 2020 (State vs. Raj Kumar @ Babuji and others), as well as, charge-sheet No. 578 dated 25.09.2020 and cognizance order dated 12.10.2020 passed by learned Additional Chief Judicial Magistrate, Court No. 17, Allahabad arising out of Case Crime No.232 of 2020 under Sections 344, 328, 419, 420, 467, 468, 471 and 120B IPC, P.S. Soraon, District Prayagraj.

3. Learned counsel for the applicants submitted that the settlement agreement has already been entered between the parties before the Mediation Centre of this Court on 02.08.2023, therefore, the present cases be finally decided.

4. Learned counsel for opposite party no.2 has not disputed the facts as stated by learned counsel for the applicants. He further contended that opposite party no.2 does not want to proceed with the criminal case against the applicants and the same may be quashed.

5. Learned AGA does not dispute the fact that parties have entered into settlement agreement before the Mediation Centre of this Court. 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 of a 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 settled the dispute 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 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 settlement agreement dated 02.08.2023, 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 applications are, accordingly, allowed. Order Date :- 10.7.2025 S.Prakash SHASHI PRAKASH High Court of Judicature at Allahabad