Sudhesh Dwivedi (Sudhesh Kumar Dwivedi) Vs State of U.P. Thru. Prin. Secy. Home Lko and 3 Others — Allahabad HC (2025) — LawSathi Research

Sudhesh Dwivedi (Sudhesh Kumar Dwivedi) Vs State of U.P. Thru. Prin. Secy. Home Lko and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of charge sheet No. 96/2012 dated 09.04.2012, cognizance/summoning order dated 17.07.2012 and the entire proceedings of Case No. 922/2012 arising out of Crime No. 131/2012 (Sections 352, 504, 506 IPC, Police Station Ghazipur, District Lucknow) pending before the Special Chief Judicial Magistrate (Customs), Lucknow.

Issue for consideration

Whether the impugned charge sheet No. 96/2012 dated 09.04.2012, the cognizance/summoning order dated 17.07.2012 and the entire proceedings of Case No. 922/2012 arising out of Crime No. 131/2012 (Sections 352, 504, 506 IPC, Police Station Ghazipur, District Lucknow) pending before the Special Chief Judicial Magistrate (Customs), Lucknow can be quashed on the ground that the parties have entered into a settlement.

Court's answer

The present application under Section 482 Cr.P.C is allowed and the impugned charge sheet No. 96/2012 dated 09.04.2012, the cognizance/summoning order dated 17.07.2012 and the entire proceedings of Case No. 922/2012 arising out of Crime No. 131/2012 (Sections 352, 504, 506 IPC, Police Station Ghazipur, District Lucknow) pending before the Special Chief Judicial Magistrate (Customs), Lucknow are hereby quashed, on the footing of the parties' compromise dated 12.05.2025 verified by the trial court on 30.05.2025 and the consent of opposite party no. 2.

Detailed headnote1 paragraphs

Application u/s 482 Cr.P.C (APPLICATION U/S 482 No. 4238 of 2025, Court No. 15, High Court of Judicature at Allahabad, Lucknow Bench; Subhash Vidyarthi, J.; order dated 2.7.2025; Neutral Citation 2025:AHC-LKO:37702) — ALLOWED: charge sheet No. 96/2012 dated 09.04.2012, cognizance/summoning order dated 17.07.2012 and the entire proceedings of Case No. 922/2012 arising out of Crime No. 131/2012 (Sections 352, 504, 506 IPC, Police Station Ghazipur, District Lucknow) pending before the Special Chief Judicial Magistrate (Customs), Lucknow are hereby quashed. Basis: applicant Sudhesh Dwivedi (Sudhesh Kumar Dwivedi) and opposite party no. 2 entered into a compromise on 12.05.2025 (Annexure No. 4); trial court was directed on 20.05.2025 to verify the compromise and verified it by order dated 30.05.2025; learned counsel for opposite party no. 2 consented to the proceedings being quashed on the basis of the compromise.

Neutral Citation No. - 2025:AHC-LKO:37702

Court No. - 15

Case :- APPLICATION U/S 482 No. - 4238 of 2025

Applicant :- Sudhesh Dwivedi (Sudhesh Kumar Dwivedi) Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Rajiva Dubey Counsel for Opposite Party :- G.A.,Jitendra Singh

Hon'ble Subhash Vidyarthi,J.

Heard Sri Rajiva Dubey, the learned counsel for the applicant, Sri S.P. Singh, the learned A.G.A for the State and Sri Jitendra Singh, learned counsel for opposite party no. 2. Affidavit of verification of compromise filed today is taken on record.

By means of the instant application filed under Section 482 Cr.P.C, the applicant has sought quashing of the impugned charge sheet No. 96/2012 dated 09.04.2012, cognizance/ summoning order dated 17.07.2012 as well as entire proceeding of Case No. 922/2012, arising out of Crime No. 131/2012, under Sections 352, 504, 506 IPC, Police Station Ghazipur, District Lucknow, pending in the court of Special Chief Judicial Magistrate (Customs), Lucknow, on the ground that the parties have already been entered into a settlement.

The quashing of the proceedings has been sought on the ground that the parties have entered into a compromise on 12.05.2025, which has been annexed as Annexure No. 4 to the application.

By means of an order dated 20.05.2025 the trial court was directed to verify the compromise. The compromise has been verified by means of an order dated 30.05.2025 passed by the Special Chief Judicial Magistrate (Customs), Lucknow in case no. 922 of 2012, which is annexed as Annexue No. 5 to the affidavit of verification of compromise.

Learned counsel for the opposite party no. 2 has supported the prayer made by the applicant and has given his consent for proceedings being quashed on the basis of compromise.

Accordingly, the present petition is allowed and the impugned charge sheet No. 96/2012 dated 09.04.2012, cognizance/ summoning order dated 17.07.2012 as well as

entire proceeding of Case No. 922/2012, arising out of Crime No. 131/2012, under Sections 352, 504, 506 IPC, Police Station Ghazipur, District Lucknow, pending in the court of Special Chief Judicial Magistrate (Customs), Lucknow, are hereby quashed.

Order Date :- 2.7.2025 Pradeep/-

Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench