Abhishek Mishra Alias Abhishek Verma and Another Vs State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 38454 of 2025

Abhishek Mishra Alias Abhishek Verma And Another

.....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ashutosh Kumar Counsel for Opposite Party(s) : Anil Kumar, G.A., Manoj Kumar

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Court No. - 82

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HON'BLE PADAM NARAIN MISHRA, J.

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Short counter affidavit filed today is taken on record.

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Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the materials available on record.

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This application under Section 528 BNSS has been filed by the applicants to quash the entire proceedings of Charge-sheet dated 16.04.2023 in Case No. 1389 of 2023 (State v. Abhishek Mishra and Another), arising out of Case Crime No. 40 of 2023, under Sections 363, 366 and 120 - B of I.P.C., Police Station Jajmau, District Kanpur, pending in the court of Additional Session Judge, Kanpur Nagar.

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That brief facts of the case is that the first informant namely Rajesh D Souja s/o- Lakhan ,195 Greater Kailash ,Jajmau, Shiwans Tenray, District- Kanpur (opposite party no.2) lodged First Information Report against the applicants on 01.03.2023 under section 363, 366 and 120 B of I.P.C which has been registered as Case Crime No.40 of 2023, Police Station-Jajmau, District- Kanpur Nagar. In short, the allegation of the first informant is that the applicant no.1 has taken away to the daughter (victim) of the informant by the way of allurement with the help of the applicant no.2.

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Learned counsel for the applicant submitted that during the pendency of aforesaid criminal proceedings against the applicants which was initiated by the opposite party no.2 come into amicable

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NA528 No. 38454 of 2025

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compromise on 26.06.2025 and they are not willing to proceed the aforesaid criminal proceeding against to each other on the basis of the compromise. On the basis of compromise deed dated 26.06.2025 both the parties as well as victim do not want to litigate the present criminal case initiated by the opposite party no.2 against the applicants.

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Learned counsel for the opposite party no.2 has filed counter affidavit and clearly stated that the opposite party no.2 has filed the present criminal proceedings being instigated by the relatives and the matter has already been amicably compromised between the parties vide compromise dated 26.06.2025.

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On the perusal of records, it is evident from the counter affidavit of the opposite party no. 2 that the matter has already been amicably compromised between the parties. The paragraph no. 6 of the counter affidavit as quoted below:-

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"6. That in reply of paragraph no.7,8 and 9 of the Application, it is stated that on the basis of misunderstanding and by the way of instigation of relatives as well as fear of social stigma, the opposite party no.2 lodged First Information Report against the Applicants on 1.03.2023 under section 363 and 366 I.P.C which has been registered as Case Crime No. 40/2023, Police StationJajmau, District- Kanpur Nagar. it is relevant to mention here that an amicable compromise has been done between applicants and opposite party no.2 including victim on 26.06.2025."

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A three-Judge Bench of the Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, has observed that: (SCC p.340, para 58)

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"58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is resorted; securing the ends of justice being the ultimate guiding factor."

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Since, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply be a waste of time if the aforesaid case is permitted to continue till its logical conclusion.

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In view of the above, considering the peculiar circumstances of

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NA528 No. 38454 of 2025

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the present case, the Application u/s 482 Cr.P.C. is hereby allowed.

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The entire proceedings of Charge-sheet dated 16.04.2023 in Case No. 1389 of 2023 (State v. Abhishek Mishra and Another), arising out of Case Crime No. 40 of 2023, under Sections 363, 366 and 120 - B of I.P.C., Police Station Jajmau, District Kanpur, pending in the court of Additional Session Judge, Kanpur Nagar is hereby quashed.

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January 21, 2026 Akram

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(Padam Narain Mishra,J.)

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Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad

Abhishek Mishra Alias Abhishek Verma and Another v. State of U.P. and Another

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Abhishek Mishra Alias Abhishek Verma and Another v. State of U.P. and Another

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