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2025 DAILYLAW 120705 (ALL)

ASHISH @ ANSHU SONI AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

A482/973/2023 · 2025-07-04

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38098 Court No. - 15 Case :- APPLICATION U/S 482 No. - 973 of 2023 Applicant :- Ashish @ Anshu Soni And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Anchit Srivastava,Sanjai Srivastava Counsel for Opposite Party :- G.A.,Pawan Kumar Singh,Sudhir Kumar Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sanjai Srivastava, the learned counsel for the petitioners, Sri Hansraj Verma, the learned AGA for the State, as well as Sri Pawan Kumar Singh, the learned counsel for the opposite party no. 2, and perused the record. 2. Supplementary affidavit, filed on behalf of the petitioners, is taken on record. 3. The instant petition has been filed seeking quashing of the proceeding arising out of charge-sheet no.01/2018 dated 28.02.2019 filed in Case Crime No.0514 of 2018, under Sections 323, 498-A, 504 and 506 IPC read with Section 3/4 Dowry Prohibition Act lodged at Police Station Fatehpur, District Barabanki, including the summoning order dated 06.01.2020. 4. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at a compromise. Compromise entered into between the parties have been placed on record as Annexure-3 to the supplementary affidavit filed today. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by learned In-charge Chief Judicial Magistrate, Court No. 18, Barabanki vide order dated 10.06.2025 in compliance of the order dated 27.05.2025 passed by this Court in Application u/s 482 No.973 of 2023. 5. I have considered the submissions of learned counsel for the parties. 6. Considering the ratio laid down by the Supreme Court in the cases of B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility. 7. 7. In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present petition is allowed and the arising out of charge-sheet no.01/2018 dated 28.02.2019 filed in Case Crime No.0514 of 2018, under Sections 323, 498-A, 504 and 506 IPC read with Section 3/4 Dowry Prohibition Act lodged at Police Station Fatehpur, District Barabanki, including the summoning order dated 06.01.2020, are hereby quashed. Order Date :- 4.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench