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2025 DAILYLAW 128804 (ALL)

PRAMOD KUMAR AND ANOTHER v. STATE OF U.P. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/2428/2025 · 2025-07-14

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40133 Court No. - 15 Case :- APPLICATION U/S 482 No. - 2428 of 2025 Applicant :- Pramod Kumar And Another Opposite Party :- State Of U.P. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Dharmendra Kumar Counsel for Opposite Party :- G.A.,Saryu Prasad Tiwari Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dharmendra Kumar, the learned counsel for the applicants, Sri Angad Kumar Vishwakarma, the learned AGA for the State, as well as Sri Saryu Prasad Tiwari, the learned counsel for the opposite party no. 2, and perused the record. 2. The instant petition under Section 482 CrPC/528 BNSS has been filed, seeking quashing of the entire proceeding of SC/ST No.3077/2016 (State Vs. Pramod Kumar), pending in the Court of learned Additional Civil Judge (Sr. Division)/ A.C.J.M., Ambedkarnagar, arising out of Case Crime No.0136/2013, under Sections 332, 353 and 504 IPC lodged at Police Station Aliganj, District Ambedkarnagar, quashing of the charge-sheet no.58 of 2013 dated 26.12.2023 as well as quashing of the summoning order dated 03.10.2026 on the ground that the parties have entered into a compromise/settlement. 3. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at the compromise. The compromise entered into between the parties has been placed on record as Annexure-4 to the application. The parties have confirmed the terms of the compromise. The compromise has been verified between the parties by the learned Chief Judicial Magistrate, Ambedkar Nagar vide order dated 08.04.2025, copy of which has been annexed as Annexure-3 to the supplementary affidavit dated 22.04.2025 filed by the applicants, in compliance of the order dated 26.03.2025 passed by this Court. 4. I have considered the submissions of learned counsel for the parties. 5. 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. 6. 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 entire proceeding of SC/ST No.3077/2016 (State Vs. Pramod Kumar), pending in the Court of learned Additional Civil Judge (Sr. Division)/ A.C.J.M., Ambedkarnagar, arising out of Case Crime No.0136/2013, under Sections 332, 353 and 504 IPC lodged at Police Station Aliganj, District Ambedkarnagar, including charge charge-sheet no.58 of 2013 dated 26.12.2023 and the summoning order dated 03.10.2026, is hereby quashed. Order Date :- 14.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench