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2025 DAILYLAW 132279 (ALL)

RAMA SHANKER PATHAK @ RAMA SHANKER AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO. AND ANOTHER

A482/2933/2025 · 2025-07-25

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43098 Court No. - 15 Case :- APPLICATION U/S 482 No. - 2933 of 2025 Applicant :- Rama Shanker Pathak @ Rama Shanker And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Satyendra Kumar Tiwari,Akhilesh Singh Chauhan,Sachin Pandey Counsel for Opposite Party :- G.A.,Akhilesh Singh Chauhan,Santosh Kumar Mishra Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sachin Pandey, the learned counsel for the applicants, Sri Nagarjun Pandey, the learned State Counsel and Sri Akhilesh Singh Chauhan, the learned counsel for opposite party No.2 and perused the records. 2. By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of the charge-sheet dated 19.11.2020, the summoning order dated 07.07.2022 as well as the entire proceedings of Criminal Case No.1968 of 2022 arising out of NCR No.45 of 2020 u/S 323, 504, 506 IPC at Police Station- Hathigaon, District- Pratapgarh. 3. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at the compromise. Compromise entered into between the parties have been placed on record as Annexure-4 to the petition. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by Ld. Addl. Chief Judicial Magistrate, Kunda, Pratapgarh vide order dated 22.04.2025 in compliance of the order dated 07.04.2025 passed by this Court in Application u/s 482 No.2933 of 2025. 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 charge-sheet dated 19.11.2020, the summoning order dated 07.07.2022 as well as the entire proceedings of Criminal Case No.1968 of 2022 arising out of NCR No.45 of 2020 u/S 323, 504, 506 IPC at Police Station- Hathigaon, District- Pratapgarh are quashed. . (Subhash Vidyarthi,J.) Order Date :- 25.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench