Sunil Singh vs State of U.P. and Another

Avnish Saxena, J

Heard learned counsel the applicant, learned counsel for opposite party no.2

The instant application under Section 482 Cr.P.C. has been moved with a prayer to quash the entire criminal proceedings of Case No.36783 of 2023 (State Vs. Sunil Singh) as well as charge sheet dated 05.11.2021 and cognizance/summoning order dated 30.01.2025, arising out of Case Crime No.482 of 2021, under Sections 323, 504 and 376 I.P.C., Police Station Gulriha, District Gorakhpur, pending before the court of Civil Judge (Senior Division), Fast Track Court/Additional Chief Judicial Magistrate, Gorakhpur in terms of compromise entered into between the parties. The charge-sheet has been submitted including under Section 376 I.P.C.

Sri Girish Pandey, holding brief of learned counsel for the applicant submits that the applicant and opposite party no.2 were classmates and there was dispute between the two, which led to lodging of F.I.R. on 31.08.2021 under Sections 354, 354D, 323 and 504 I.P.C. in respect to incident dated 30.08.2021. It is further submitted that both the applicant and opposite party no.2 have entered into compromise and does not want to pursue the matter.

Sri Suraj Raj, learned counsel for opposite party no.2 admitted that there is a compromise between the parties and contents of paragraphs-3, 4 and 5 of the affidavit filed by opposite party no.2 reveal that the compromise has been accepted.

There is no point in getting the trial continued, when the parties have buried their differences as the star witness would not support the prosecution case.

In view of above, the charge sheet and the proceeding arose out of case crime number mentioned above is hereby quashed. Consequently, the proceedings of trial is also quashed.

The application under Section 528 of B.N.S.S. is allowed accordingly.