Allowed

Shiv Narayan Verma and 3 Others v. State of U.P. Thru. Prin. Secy. Home Sectt. Lko and Another

Allahabad HC24 Jul 2025A482/5462/2025

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash charge sheet, cognizance and summoning orders in a hurt/assault case after parties reached a verified compromise. Relying on Supreme Court precedent on quashing upon compromise, the High Court allowed the application and quashed the entire proceedings.

What the court decided

AI extract

Shiv Narayan Verma and 3 Others Vs State of U.P. Thru… — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:42606

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 5462 of 2025 Applicant :- Shiv Narayan Verma And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Sectt. Lko And Another Counsel for Applicant :- Umesh Chandra Counsel for Opposite Party :- G.A.,Desh Raj Chaurasiya

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Hon'ble Subhash Vidyarthi,J.

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Short counter affidavit filed by Sri Umesh Chandra, learned counsel for the opposite party no.2 is taken on record.

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Heard Sri Umesh Chandra, the learned counsel for the applicants, Sri Ashok Kumar Srivastava, the learned A.G.A for the State and Sri Umesh Chandra, the learned counsel for the opposite party no. 2.

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By means of the instant application filed under Section 482 Cr.P.C, the applicants have sought quashing of the entire proceedings of Case No.451 od 2023 along with the Charge Sheet dated 14.08.2015, arising out of Case Crime No.170/2015 U/s- 323, 504, 324, 325 I.P.C., Police Station- Gosainganj, District- Sultanpur and cognizance order dated 15.02.2016 as well as summoning order dated 02.04.2016 passed by the learned Additional Chief Judicial Magistrate- V, Room No.21, Sultanpur, on the ground that the parties have entered into a compromise.

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A copy of the compromise deed dated 10.06.2025 has been annexed with the affidavit, wherein it has been stated parties have mutually resolved their disputes and the opposite party no.2 does not want any further proceedings against the applicants.

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The applicant had filed an application under section 482 Cr.P.C. No.5462 of 2025, which was disposed of by means of an order dated 07.07.2025 directing the trial court to verify the compromise. The compromise has been verified by means of an order dated 15.07.2025 passed by the learned Additional Chief Judicial Magistrate, Court NO. 21, Sultanpur.

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The learned counsel for the opposite party no. 2 has filed a short counter affidavit accepting the compromise and supported the prayer made by the applicants for quashing of the proceedings on the ground of compromise.

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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 criminal proceedings would be an exercise in futility.

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In view of the fact that the parties have settled their dispute by way of compromise arrived at between the parties and the law laid down by the Supreme Court of India, the present petition is allowed and the entire proceeding of Case No.451/2023 along with the Charge Sheet dated 14.08.2015 and cognizance order dated 15.02.2016 as well as summoning order dated 02.04.2016, are hereby quashed.

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(Subhash Vidyarthi,J.)

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Order Date :- 24.7.2025 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Shiv Narayan Verma and 3 Others v. State of U.P. Thru. Prin. Secy. Home Sectt. Lko and Another

Case brief

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Shiv Narayan Verma and 3 Others v. State of U.P. Thru. Prin. Secy. Home Sectt. Lko and Another

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