Yashwant Singh Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Yashwant Singh Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire criminal proceedings of Case No.993 of 2012 arising out of Case Crime No.271 of 2012 (Sections 294, 509 IPC; Section 7 Criminal Law Amendment Act; Section 72 of the Information Technology Act) at P.S. Sector 49, District Gautam Budh Nagar, including charge sheet dated 6.8.2012 No.131 of 2012 and the cognizance order dated 29.08.2012; parties directed to file a copy of this order before the court concerned within two weeks.

Issue for consideration

Whether the criminal proceedings in Case No.993 of 2012 arising out of Case Crime No.271 of 2012 (Sections 294, 509 IPC; Section 7 Criminal Law Amendment Act; Section 72 of the Information Technology Act; P.S. Sector 49, District Gautam Budh Nagar), including charge sheet No.131 of 2012 dated 6.8.2012 and the cognizance order dated 29.08.2012, should be stayed and quashed under Section 482 Cr.P.C, particularly in view of the compromise reached between the parties.

Court's answer

On the verification report of the learned Additional Civil Judge (Junior Division)-Iind J.M., Gautam Budh Nagar on the compromise application dated 6.6.2025, the parties were found to have amicably settled their dispute; the fact of compromise was confirmed and admitted by learned counsel for the opposite parties, who jointly submitted that quashing the proceedings in light of the compromise would cause no harm or error and would be in the interest of justice.

Ratio / Principle

In view of the foregoing facts and circumstances, including the position relied upon from Gian Singh v. State of Punjab ((2012) 10 SCC 303, para 58) and Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre ((1988) 1 SCC 692), the entire proceeding of Case No.993 of 2012 arising out of Case Crime No.271 of 2012 (Sections 294, 509 IPC, Section 7 Criminal Law Amendment Act, Section 72 of the Information Technology Act, P.S. Sector 49, District Gautam Budh Nagar), including charge sheet No.131 of 2012 dated 6.8.2012 and the cognizance order dated 29.08.2012 passed by the learned Additional Chief Judicial Magistrate, IInd, Gautam Budh Nagar, are hereby quashed.

Key takeaways

The present application under Section 482 of the Code stands allowed.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.) — Application u/s 482 Cr.P.C allowed; the entire criminal proceedings of Case No.993 of 2012 arising out of Case Crime No.271 of 2012 (Sections 294, 509 IPC; Section 7 Criminal Law Amendment Act; Section 72 of the Information Technology Act) at P.S. Sector 49, District Gautam Budh Nagar, including charge sheet No.131 of 2012 dated 6.8.2012 and the cognizance order dated 29.08.2012 passed by the learned Additional Chief Judicial Magistrate, IInd, Gautam Budh Nagar, were quashed on the strength of a court-verified compromise between the parties (compromise application dated 6.6.2025, admitted by counsel for the opposite parties), relying on Gian Singh v. State of Punjab & another, (2012) 10 SCC 303 (para 58) and Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, (1988) 1 SCC 692; the parties were directed to file the copy of the order before the court concerned within two weeks. Order dated 22.8.2025; neutral citation 2025:AHC:145309.

Neutral Citation No. - 2025:AHC:145309

Court No. - 77

Case :- APPLICATION U/S 482 No. - 23070 of 2024

Applicant :- Yashwant Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamal Krishna Roy,Prabal Pratap,Ramesh Kumar Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for applicant and learned AGA for State.

Present application u/s 482 Cr.P.C has been preferred with a prayer to allow the instant application and stay and quash the Case No.993 of 2012 arising out of Case Crime No.271 of 2012 under Sections 294, 509 IPC, Section 7 Criminal Law Amendment Act and Section 72 of the Information Technology Act at P.S. Sector 49, District Gautam Budh Nagar, including charge sheet dated 6.8.2012 No.131 of 2012 as well as cognizance order dated 29.08.2012 passed by the learned Additional Chief Judicial Magistrate, IInd, Gautam Budh Nagar.

On the basis of verification report submitted by learned Additional Civil Judge (Junior Division)-IInd J.M., Gautam Budh Nagar on the compromise application dated 6.6.2025, entered between the parties which is available on record, the parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for opposite parties and it has been jointly 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.

4.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.

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.

In view of the aforementioned facts and circumstances, the entire proceeding of Case No.993 of 2012 arising out of Case Crime No.271 of 2012 under Sections 294, 509 IPC, Section 7 Criminal Law Amendement Act and Section 72 of the Information Technology Act at P.S. Sector 49, District Gautam Budh Nagar, including charge sheet dated 6.8.2012 No.131 of 2012 as well as cognizance order dated 29.08.2012 passed by the learned Additional Chief Judicial Magistrate, IInd, Gautam Budh Nagar are hereby quashed.

Accordingly, the present application under Section 482 of the Code stands allowed .

The parties may file the copy of this order before the court concerned within two weeks from today.

Order Date :- 22.8.2025 Rakesh

Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad