Sanjeev Kumar Jaiswal vs State Of U.P. & Another
2021 Latest Caselaw 10521 ALL

Citation : 2021 Latest Caselaw 10521 ALL
Judgement Date : 17 August, 2021

Allahabad High Court

Sanjeev Kumar Jaiswal vs State Of U.P. & Another on 17 August, 2021

Bench: Karunesh Singh Pawar




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- U/S 482/378/407 No. - 1440 of 2021
 

 
Applicant :- Sanjeev Kumar Jaiswal
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Indrajeet Shukla
 
Counsel for Opposite Party :- G.A.,Bhanu Pratap Singh,Manoj Kumar Nishad,Ravi Kant Shukla
 

 
Hon'ble Karunesh Singh Pawar,J.

1. The petition has been filed under Section 482 CrPC for quashing entire charge-sheet No.7/2016 filed on 9.8.2016, cognizance order dated 7.9.2016 as well as the entire criminal proceedings pending in the court of Special Judge, SC/ST Act, Lucknow in Special Trial No.142 of 2016 State vs. Sanjeev Kumar Jaiswal, arising out of case crime No.377 of 2015 under sections 323, 504, 498-A I.P.C and sections 3/4 D.P. Act, and section 3(1)(x) SC/ST Act, P.S. Chinhat, district Lucknow.

2. Heard learned counsel for the petitioner and learned A.G.A. for the State.

3. Learned counsel for the petitioner submits that the petitioner and respondent No.2 have entered into compromise and the informant is not willing to press the charges against the petitioner made in the first information report. The settlement is on record as Annexure-1 which has been verified by the learned trial court, in the presence of the parties.

The petitioner's counsel submits that since amicable settlement of the dispute has been arrived between the parties, therefore chances of conviction of the petitioners are remote and pendency of the case before the trial Court shall be of no consequence and it will be a futile exercise. He relied on a judgment of Hon'ble Supreme Court reported in (2012)10 SCC 303 Gian Singh versus State of Punjab and another.

4. In view of the compromise entered into between the parties as also the case law referred to above, this petition is allowed and the proceedings of Special Trial No.142 of 2016 (supra), arising out of Case Crime No.377 of 2015 (supra) are quashed.

Order Date :- 17.8.2021

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