Allahabad High Court
Sachin vs State Of U.P. And Another on 13 August, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:132346 Court No. - 80 Case :- APPLICATION U/S 482 No. - 26555 of 2024 Applicant :- Sachin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Yadav Counsel for Opposite Party :- G.A.,Radheshyam Yadav Hon'ble Vinod Diwakar,J.
1 Heard learned counsel for the applicant, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the entire record.
2. This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge-sheet dated 13.07.2020 as well as entire proceedings of Criminal Case No. 2336 of 2021, titled as State v. Sachin, arising out of Case Crime No. 1080 of 2019, under Section 506 IPC and Section 67 of Information Technology (Amendment) Act, 2008, P.S. Kotwali Shahar, District Bulandshahr, pending in the court of Chief Judicial Magistrate, Bulandshahr, on the basis of a compromise.
3. Learned counsel for the applicant submits that since the parties had settled their dispute outside the court and compromised the matter on 23.07.2024, the copy of compromise deed has been annexed as Annexure-3 to the application. It is further submitted that since parties have settled the dispute, opposite party no.2 does not want to proceed with trial, therefore, no fruitful purpose would be served by keeping the matter pending.
4. Per contra, learned A.G.A. and learned counsel for the opposite party no.2 submits that since the dispute between the parties has been settled, thus, they have no objection, if the proceedings of the aforesaid case pending before the trial court, is quashed.
5. I have considered the submissions made by the learned counsel for the parties, and have gone through the entire record.
6. Since the dispute between the parties has been amicably settled, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply a waste of judicial time as chances of conviction are very bleak.
7. In such circumstances, charge-sheet dated 13.07.2020 as well as entire proceedings of Criminal Case No. 2336 of 2021, titled as State v. Sachin, arising out of Case Crime No. 1080 of 2019, under Section 506 IPC and Section 67 of Information Technology (Amendment) Act, 2008, P.S. Kotwali Shahar, District Bulandshahr, pending in the court of Chief Judicial Magistrate, Bulandshahr, are hereby quashed.
8. The instant petition stands allowed, accordingly.
Order Date :- 13.8.2024 A. Tripathi Justice Vinod Diwakar