SHASHI KHURANA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. OF U.P. LKO. AND ANOTHER
A482/2709/2025 · 2025-04-04
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128702 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128702 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:18902 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2709 of 2025 Applicant :- Shashi Khurana Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. And Another Counsel for Applicant :- Amit Kumar Singh,Aditya Prakash,Manish Pandey Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Mr. Suresh Kumar Mishra, Advocate has filed Vakalatnama on behalf of opposite party no. 2 today in Court is taken on record.
2. Heard Mr. Manish Pandey, learned counsel for applicant, Mr. Suresh Kumar Mishra, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the material available on record.
3. By means of this application under Section 528 of the Bhartiya Nagarik Surkasha Sanhita, 2023 (482 Cr.P.C.), the applicants have prayed following reliefs:-
"to pass an order or direction for quashing of summoning order dated 20.03.1993 passed by learned Additional Chief Judicial Magistrate-I, Lucknow in Complaint Case No. 440 of 1992 (Now Complaint Case No. 440 of 2007), under Sections 323, 325, 452, 504 and 506 IPC, Police Station Aliganj, District Lucknow as well as entire proceedings of the aforesaid complaint case may also be quashed."
4. At the very outset, learned counsel for applicant has submitted that the dispute between the parties has been amicably settled and the parties have entered into a compromise (by means of compromise deed dated 24.12.2024), which has been verified by the trial court on 15.02.2025 in compliance of
order passed by this Court on 15.01.2025 in Case:- Application
U/s 482 No. 154 of 2025.
5. Learned counsel for opposite party no. 2 does not dispute the correctness of the submission made by learned counsel for applicant or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid are quashed.
6. Learned counsel for applicant in support of his contention has placed reliance on the judgments of Hon'ble Apex Court in the case of Narinder Singh Vs. State of Punjab reported in (2014) 6 SCC 466, Yogendra Yadav Vs. State of Jharkhand reported in (2014) 9 SCC 653 and Parbatbhai Aahir Vs. State of Gujarat reported in (2017) 9 SCC 641 and has submitted that the applicant and opposite party no. 2 have settled through compromise their private and civil disputes and as such opposite party no. 2 does not wish to press the aforesaid case against the applicant. Opposite party no. 2 is ready to withdraw the prosecution of the applicant and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.
7. From perusal of the record, it is apparent that the parties have entered in to compromise and have settled their dispute amicably and it is highly doubtful if the ingredients of the offence as alleged are made out.
8. Considering the facts and circumstances of the case and the
submissions advanced by learned counsel for the parties regarding the compromise entered into between the parties. Taking all these factors into consideration cumulatively, the compromise between the parties be accepted and further taking into account the legal position as laid down by the Apex Court in the case of Narinder Singh Vs. State of Punjab (supra), Yogendra Yadav Vs. State of Jharkhand (supra) and
Parbatbhai Aahir Vs. State of Gujarat (supra) the entire proceedings of the aforesaid case is hereby quashed.
9. With the aforesaid observations/directions, the present 482 Cr.P.C. petition stands allowed. . (Alok Mathur, J.)
Order Date :- 4.4.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench