Ashutosh Srivastava and 3 Others v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 22764 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J.

¶1This matter has been taken up on mentioning.

¶2Heard Mr. Dhananjay Kumar Mishra, learned counsel for the applicants and Sri B.P. Maurya, learned AGA for the State respondents and Sri Ravi Shankar Kanaujiya, holding brief of Sri Ashwini Kumar, learned counsel for the opposite party no. 2.

¶3This application under Section 482 CrPC has been preferred for quashing the the impugned chargesheet dated 16.5.2024 in Case No. 38100 of 2024 (State vs. Ashutosh Srivastava and others), arising out of Case Crime No. 062 of 2024, under Sections 323, 504, 506 IPC, P.S. Chitaipur, District Varanasi pending before the IVth Additonal Civil Judge (SD), Varanasi as well as cognizance order dated 31.5.2024.

¶4It is contended by the learned counsel for the applicants that the applicants and the opposite party no. 2 have settled the matter through mediation and report of the mediation has been filed by the learned counsel for the applicants, which is taken on record. It is further submitted that in the cross case first information report has been quashed by the Division Bench of this Court against the accused of that case. It is submitted that in the present prosecution cognizance has already been taken. It is submitted in view of the matter being settled between applicant and opposite party no. 2 through mediation, proceedings of the aforesaid case be quashed against the applicants. Versus Counsel for Applicant(s) : Dhananjay Kumar Mishra Counsel for Opposite Party(s) : Ashwini Kumar, G.A., Nilay Kumar Pandey Ashutosh Srivastava And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)

¶5On the other hand, learned counsel for the opposite party no. 2 and learned AGA for the State has no objection to the above submissions made by the learned counsel for the applicant.

¶6In view of the fact that the parties have settled their dispute through mediation and the mediation report is on record and keeping in view of the law laid down by Hon'ble Supreme Court in the case of State of Madhya Pradesh vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed in respect of the applicant. It was stated that in view of these facts and circumstances, no useful purpose would be served by keeping the impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties.

¶7In view of the aforesaid, the entire proceeding of impugned chargesheet dated 16.5.2024 in Case No. 38100 of 2024 (State vs. Ashutosh Srivastava and others), arising out of Case Crime No. 062 of 2024, under Sections 323, 504, 506 IPC, P.S. Chitaipur, District Varanasi pending before the IVth Additonal Civil Judge (SD), Varanasi as well as cognizance order dated 31.5.2024 are hereby quashed.

¶8The application under Section 482 Cr.P.C. stands allowed. September 26, 2025 Abhishek A482 No. 22764 of 2024 (Jitendra Kumar Sinha,J.) High Court of Judicature at Allahabad