Shankar Yadav Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 2461 of 2024

Shankar Yadav

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Ram Singh Counsel for Opposite Party(s) : G.A., Ramkripal Yadav

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Court No. - 14

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HON'BLE SHREE PRAKASH SINGH, J.

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Heard learned counsel for the parties and perused the record.

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The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire criminal proceedings of Special Sessions Trial No.461/2023 (State Vs. Shankar Yadav), arising out of Case Crime No.132/2023, under Sections 376 and 506 IPC read with Sections 3(2)(V) SC/ST Act lodged at Police Station Baskhari, District Ambedkar Nagar, pending in the court of learned Special Judge, SC/ST Act, Ambedkar Nagar, to quash the charge-sheet no.A-102 of 2023 dated 19.05.2023 filed in the aforesaid case crime number, and to quash the summoning order dated 05.08.2023 passed in the aforesaid case on the ground that the parties have arrived at a compromise/settlement.

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Learned counsels for the parties submit that the parties have settled their dispute amicably outside the Court and they have arrived at a compromise. The compromise entered into between the parties has been placed on record as Annexure-5 to the application. The parties have confirmed the terms of the compromise. The compromise has been verified between the parties by learned Special Judge, SC/ST Act, Ambedkar Nagar vide order dated 22.04.2024 in compliance of the order dated 15.03.2024 passed by this Court in the present application.

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He added that both the parties have now solemnized marriage on 16.10.2023 and they are living as husband and wife. He submits that if this Court allows the proceedings to go on, the matrimonial life of the applicant and the alleged victim would be ruined. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicant are the futile exercise as there is no fate of

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A482 No. 2461 of 2024

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trial and that is amount to harassment of the applicant and thus, the criminal proceedings against the applicant may be quashed.

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In support of his contentions, he has placed reliance on a judgement rendered in Vishwas Bhandari v. State of Punjab and another reported in (2021) 2 Supreme Court Cases 605, Criminal Appeal No.105 of 2021 , dated 03.02.2021 and has placed reliance on paragraphs 9 and 10 and the same are extracted hereunder:-

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"9. We find that the evidence of the prosecutrix and the complainant before the Court shows that there is no allegation whatsoever against the appellant. The main allegation was against Vikram Roop Rai but the prosecutrix married him on 4.8.2013 and had given birth to two children from that wedlock. In the absence of any allegation against the appellant, we find that the continuation of proceedings against him is nothing but an abuse of process of law.

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10. Since there is no evidence against the appellant, the proceedings initiated against him on the basis of FIR would be untenable. The High Court was, thus, not justified in dismissing the petition against the appellant."

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On the other hand, learned counsel appearing for opposite party no. 2 has supported the version of the learned counsel for the applicant and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite party no. 2 against the present applicant and the criminal proceedings against the applicant may be dropped.

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I have considered the submissions of learned counsel for the parties.

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Considering the ratio laid down by the Supreme Court in the cases of B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675 , Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1 , Gian Singh versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466 , it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility.

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In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the instant application is allowed and the entire criminal proceedings of Special Sessions Trial No.461/2023 (State Vs. Shankar Yadav), arising out of Case Crime No.132/2023, under Sections

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A482 No. 2461 of 2024

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376 and 506 IPC read with Sections 3(2)(V) SC/ST Act lodged at Police Station Baskhari, District Ambedkar Nagar, pending in the court of learned Special Judge, SC/ST Act, Ambedkar Nagar, including the charge-sheet no.A-102 of 2023 dated 19.05.2023 and the summoning order dated 05.08.2023, are hereby quashed .

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The compromise deed shall be made part of this order.

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Consign to record.

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(Shree Prakash Singh,J.)

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September 9, 2025 MVS/-

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Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench

Shankar Yadav v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Shankar Yadav v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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