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2025 DAILYLAW 126665 (ALL)

RAVI GUPTA AND 4 OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER

A482/2184/2024 · 2025-07-10

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39518 Court No. - 15 Case :- APPLICATION U/S 482 No. - 2184 of 2024 Applicant :- Ravi Gupta And 4 Others Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Dharmendra Gupta Counsel for Opposite Party :- G.A.,Atul Kumar,Pushpendra Chauhan Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dharmendra Gupta, the learned counsel for the applicants, Sri Ashok Srivastava, the learned A.G.A. for the State and Sri Atul Kumar, the learned counsel for opposite party No.2 and perused the record. 2. By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of the summoning order dated 10.06.2022 passed by the Ld. Chief Judicial Magistrate, Barabanki as well as the entire proceedings of Case No.7036 of 2022 arising out of Case Crime No.930 of 2021 under Sections 147, 323, 504, 506 at Police Station Kotwali Nagar, Barabanki on the basis of compromise entered into between the parties. 3. Learned counsel for the parties submit that the parties have settled their dispute amicably outside the Court and they have arrived at a compromise. Compromise deed dated 15.04.2025 has been placed on record as Annexure-SA to the supplementary affidavit. The parties have confirmed the terms of compromise and they have agreed to settle their dispute by way of a decree of divorce by mutual consent. 4. Opposite party No.2 does not have any objection, if the impugned proceedings are quashed against the applicants. 5. I have considered the submissions of learned counsel for the parties. 6. Considering the fact that the dispute between the parties is personal in nature and 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 criminal proceedings would be an exercise in futility. 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 application is allowed and the summoning order dated 10.06.2022 passed by the Ld. Chief Judicial Magistrate, Barabanki as well as the entire proceedings of Case No.7036 of 2022 arising out of Case Crime No.930 of 2021 under Sections 147, 323, 504, 506 at Police Station Kotwali Nagar, Barabanki are quashed. . (Subhash Vidyarthi,J.) Order Date :- 10.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench