Triveni Yadav and 5 Others Vs State of U.P. Thru. Prin. Secy. Home Sectt. Lko and 2 Others — Allahabad HC (2025) — LawSathi Research

Triveni Yadav and 5 Others Vs State of U.P. Thru. Prin. Secy. Home Sectt. Lko and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 482 Cr.P.C. allowed; charge-sheet dated 25.12.2018 and the entire proceedings of Session Trial No.291 of 2020 arising out of Case Crime No. 380 of 2018 under Sections 147, 148, 323, 504, 506, 427 IPC, Police Station- Katra Bazar, Gonda pending before the Addl. Sessions Judge, Court No.5, Gonda quashed.

Issue for consideration

Whether the charge-sheet dated 25.12.2018 and the entire proceedings of Session Trial No.291 of 2020 arising out of Case Crime No. 380 of 2018 under Sections 147, 148, 323, 504, 506, 427 IPC should be quashed on the basis of the compromise arrived at between the parties.

Court's answer

On the basis of the compromise arrived at between the parties, and considering the ratio laid down by the Supreme Court in B.S. Joshi, Nikhil Merchant, Manoj Sharma, Gian Singh and Narinder Singh, it was appropriate to quash the criminal proceedings, as continuance of the proceedings would be an exercise in futility.

Ratio / Principle

The charge-sheet dated 25.12.2018 and the entire proceedings of Session Trial No.291 of 2020 arising out of Case Crime No. 380 of 2018 under Sections 147, 148, 323, 504, 506, 427 IPC, Police Station- Katra Bazar, Gonda, were quashed.

Key takeaways

The petition was allowed and the said charge-sheet and entire proceedings pending before the Addl. Sessions Judge, Court No.5, Gonda were quashed.ratio¶12

Detailed headnote1 paragraphs

Quashing of criminal proceedings on compromise - Application u/s 482 Cr.P.C. allowed by the High Court of Judicature at Allahabad, Lucknow Bench (Subhash Vidyarthi, J., order date 8.7.2025). Charge-sheet dated 25.12.2018 in Case Crime No. 380 of 2018 under Sections 147, 148, 323, 504, 506, 427 IPC, Police Station- Katra Bazar, Gonda, and the entire proceedings of Session Trial No.291 of 2020 pending before the Addl. Sessions Judge, Court No.5, Gonda, quashed. Parties had settled their dispute amicably outside the Court; the compromise (Annexure-3) was verified by the Addl. Sessions Judge, Court no.5, Gonda vide order dated 12.06.2025 in compliance of the High Court's order dated 29.05.2025. Quashing ordered considering the ratio laid down by the Supreme Court in B.S. Joshi (2003) 4 SCC 675, Nikhil Merchant (2008) 9 SCC 677, Manoj Sharma (2008) 16 SCC 1, Gian Singh (2010) 15 SCC 118 and Narinder Singh (2014) 6 SCC 466, continuance of the proceedings being an exercise in futility.

Neutral Citation No. - 2025:AHC-LKO:38807

Court No. - 15

Case :- APPLICATION U/S 482 No. - 4617 of 2025

Applicant :- Triveni Yadav And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Sectt. Lko And 2 Others

Counsel for Applicant :- Diwakar Prasad Tiwari Counsel for Opposite Party :- G.A.,Rajeev Kumar Mishra Rudra

Hon'ble Subhash Vidyarthi,J.

1. Heard Sri Diwakar Prasad Tiwari, the learned counsel for the applicants, Sri Hans Raj Verma, the learned A.G.A. for the State and Sri Rajeev Kumar Mishra Rudra, the learned counsel for opposite party No.2 and perused the record.

2. By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of the charge-sheet dated 25.12.2018 as well as the entire proceedings of Session Trial No.291 of 2020 arsing out of Case Crime No. 380 of 2018 under Sections 147, 148, 323, 504, 506, 427 IPC, Police Station- Katra Bazar, Gonda pending in the Court of learned Addl. Sessions Judge, Court No.5, Gonda on the basis of compromise entered into between the parties.

Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at the compromise. Compromise entered into between the parties have been placed on record as Annexure-3 to the application. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by the Addl. Sessions Judge, Court no.5, Gonda vide order dated 12.06.2025 in compliance of the order dated 29.05.2025 passed by this Court in Application u/s 482 No. 4617 of 2025 .

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

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.

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 present petition is allowed and the charge-sheet dated 25.12.2018 as well as the entire proceedings of Session Trial No.291 of 2020 arsing out of Case Crime No. 380 of 2018 under Sections 147, 148, 323, 504, 506, 427 IPC, Police Station- Katra Bazar, Gonda pending in the Court of learned Addl. Sessions Judge, Court No.5, Gonda are hereby quashed .

(Subhash Vidyarthi,J.)

Order Date :- 8.7.2025 -Amit K-

Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench