Atmanand Pandey @ Atma Nand And 3 Others vs State Of U.P. And Another
2025 Latest Caselaw 8304 ALL

Allahabad High Court

Atmanand Pandey @ Atma Nand And 3 Others vs State Of U.P. And Another on 30 June, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
Neutral Citation No. - 2025:AHC:101136
 
Court No. - 69
 

 
Case :- APPLICATION U/S 528 BNSS No. - 8001 of 2025
 

 
Applicant :- Atmanand Pandey @ Atma Nand And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- O.P. Tiwari
 
Counsel for Opposite Party :- G.A.,Kamlesh Kumar Singh
 

 
Hon'ble Anish Kumar Gupta,J.
 

1. In compliance of the previous order dated 11.03.2025, learned counsel for the applicants has filed supplementary affidavit in the Court today and the same is taken on record.

2. Heardlearned counsel for the applicants, learned counsel for opposite party no.2 and learned AGA appearing for the State.

3. The instant application under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants seeking quashing of the entire criminal proceedings, initiated in Criminal Case No. 815/2016 (State of Uttar Pradesh vs. Atmanand Pandey & Ors.), CNR Number UPCD120010502016, pending before the Additional Civil Judge (Junior Division), Chakia, District- Chandauli arising out of First Information Report (FIR) dated 07.07.2015, registered as Case Crime No. 125/2015, under Sections 392, 353, 323, 354(B), 504 I.P.C. at Police Station-Baburi, District- Chandauli and also quash the chargesheet no. 58/2015 dated 26.08.2015, thereof cognizance has been taken on 30.05.2016.

4. Vide order dated 11.03.2025, this Court has directed for verification of the said compromise by the Trial Court. Vide report dated 20.05.2025, theAdditional Civil Judge (Junior Division), Chakia, Chandaulihas sent a report with regard to verification of the compromise dated 16.01.2024, which was duly executed between the parties out of their free will and has been duly verified by the Trial Court.

5. The issue in the instant case is regarding striking off the name of the children of the applicant from the school and both the opposite party no.2 as well as the applicants have no grievance.

6. With the aforesaid settlement, the peace will prevail over the society and continuance of trial of the aforesaid criminal proceedings will not serve any fruitful purpose.

7. In view thereof and in the light of the judgments in State of Madhya Pradesh vs. Laxmi Narayan and Others,reported in (2019) 5 SCC 688 and Narendra Singh and others vs. State of Punjab and another,reported in (2014) 6 SCC 466, this Court finds it fit to allow the instant application on the basis of the compromise between the parties.

8. The instant application under Section 482 Cr.P.C. is allowed.

9. Therefore, the entire criminal proceedings ofCriminal Case No. 815/2016 (State of Uttar Pradesh vs. Atmanand Pandey & Ors.), arising out ofCase Crime No. 125/2015, under Sections 392, 353, 323, 354(B), 504 I.P.C. at Police Station-Baburi, District- Chandauliare hereby quashed.

Order Date :- 30.6.2025

Anjali