Sharad Kumar Shukla and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Sharad Kumar Shukla and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 482 Cr.P.C. allowed: entire proceeding of Case No.31128 of 2018 (State Vs. Sharad Kumar Shukla and others) arising out of NCR No.77 of 2017, under sections 427, 504, 506 IPC, Police Station Naubasta, District Kanpur Nagar, together with the charge dated 18.11.2017 and the cognizance order dated 02.06.2018, passed by the Additional Chief Judicial Magistrate-II, Kanpur Nagar, quashed in respect of the applicants.

Issue for consideration

Whether the entire proceeding of Case No.31128 of 2018 (State Vs. Sharad Kumar Shukla and others) arising out of NCR No.77 of 2017, along with the charge dated 18.11.2017 and the cognizance order dated 02.06.2018, should be quashed in view of the compromise entered into between the applicants and opposite party no.2.

Court's answer

Since the applicants and opposite party no.2 had entered into a compromise which was verified by the court concerned with the verification report on record, and taking note of the law laid down by the Hon'ble Supreme Court in State of Madhya Pradesh Vs. Laxmi Narayan and others and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed in respect of the applicants.

Ratio / Principle

The entire proceeding of Case No.31128 of 2018 (State Vs. Sharad Kumar Shukla and others) arising out of NCR No.77 of 2017, under sections 427, 504, 506 IPC, Police Station Naubasta, District Kanpur Nagar, as well as the impugned charge dated 18.11.2017 and the impugned cognizance order dated 02.06.2018 passed by the learned Additional Chief Judicial Magistrate-II, Kanpur Nagar, were quashed.

Detailed headnote1 paragraphs

Allahabad HC (Jitendra Kumar Sinha, J.), decision dated September 17, 2025 — Application u/s 482 Cr.P.C. (No. 42812 of 2024) ALLOWED. On the basis of a compromise between the applicants (Sharad Kumar Shukla and 2 others) and opposite party no.2, already verified by the trial court with the verification report on record, and relying on State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 (Supreme Court), the Court quashed the entire proceeding of Case No.31128 of 2018 (State Vs. Sharad Kumar Shukla and others), arising out of NCR No.77 of 2017 under sections 427, 504, 506 IPC, Police Station Naubasta, District Kanpur Nagar, as well as the charge dated 18.11.2017 and the cognizance order dated 02.06.2018 passed by the Additional Chief Judicial Magistrate-II, Kanpur Nagar. The learned AGA had raised no objection.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 42812 of 2024

Sharad Kumar Shukla And 2 Others

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Sudhakar Shukla
Counsel for Opposite Party(s)	: G.A.

Court No. - 89

HON'BLE JITENDRA KUMAR SINHA, J.

The case is taken up on mentioning.

Heard Sri Sudhakar Shukla, learned counsel for the applicants and Sri Chandra Shekhar Saran, learned AGA for the State-opposite party no.1.

This application u/s 482 Cr.P.C. has been preferred with prayer to quash the entire proceeding of Case No.31128 of 2018 (State Vs. Sharad Kumar Shukla and others), arising out of NCR No.77 of 2017, under sections 427, 504, 506, IPC, Police Station Naubasta, District Kanpur Nagar, as well as impugned charge dated 18.11.2017 and impugned cognizance order dated 02.06.2018, passed by the learned Additional Chief Judicial Magistrate-II, Kanpur Nagar, on the basis of compromise.

It is contended by learned counsel for the applicants that applicants and opposite party no.2 have entered into compromise and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise sent by the court concerned is already on the record. Learned counsel for the applicants further prays that in view of the compromise entered into between the applicants and opposite party no.2, the proceeding of the aforesaid case be quashed.

On the other hand, learned AGA for the State has no objection to the above submissions made by learned counsel for the applicants.

A482 No. 42812 of 2024

2

In view of the fact that applicants and opposite party no.2 have entered into compromise and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise is already on the record and taking note of the law laid down by Hon'ble Supreme Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed, in respect of the applicants.

In view of the aforesaid, the entire proceeding of Case No.31128 of 2018 (State Vs. Sharad Kumar Shukla and others), arising out of NCR No.77 of 2017, under sections 427, 504, 506, IPC, Police Station Naubasta, District Kanpur Nagar, as well as impugned charge dated 18.11.2017 and impugned cognizance order dated 02.06.2018, passed by the learned Additional Chief Judicial Magistrate-II, Kanpur Nagar, are hereby quashed.

The application u/s 482 Cr.P.C. is hereby allowed .

September 17, 2025 VKG

(Jitendra Kumar Sinha,J.)

Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad