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2025 DAILYLAW 133343 (ALL)

DURGESH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER

A482/3103/2025 · 2025-07-15

Subhash Vidyarthi

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40399 Court No. - 15 Case :- APPLICATION U/S 482 No. - 3103 of 2025 Applicant :- Durgesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Arvind Kumar Srivastava,Deepshikha Sharma,Vikas Mishra Counsel for Opposite Party :- G.A.,Dhruvendra Kumar Singh Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vikas Mishra, the learned counsel for the applicants, Sri Ashok Srivastava, the learned A.G.A. for the State and Sri Dhruvendra Kumar Singh, 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./Section 528 BNSS, the applicant has sought quashing of the impugned charge sheet dated 27.09.2022 along with entire proceedings of S.T. No.255 of 2023, arising out of Case Crime No.0289 of 2022, under Sections 363, 366 I.P.C. Police Station Mahanagar, District Lucknow, pending in the Court of learned Additional Chief Judicial Magistrate CBI (AP), Lucknow on the ground that the parties have entered into a compromise. 3. The aforesaid case was instituted on the basis of an F.I.R. lodged by the opposite party no.2 on 27.09.2022 stating that the applicant had enticed away he informant's daughter. The date of birth of the informant's daughter is 24.07.2006. 4. After investigation the Investigating Officer has submitted a charge sheet for commission of offences under Sections 363 and 366 I.P.C. on 11.11.2022. The learned trial court took cognizance of the offences and summoned the applicant to face trial. 5. Learned counsel for the parties submit that the parties have settled their dispute amicably outside the Court and they have arrived at a compromise on 25.03.2025. Compromise deed has been placed on record as Annexure-4 to the application. The daughter of the opposite party no.2 has married the applicant on 13.08.2024, after attaining the age of majority and the marriage has been registered in the office of Marriage Officer, Santkabir Nagar on 09.09.2024. The compromise has been verified by the learned trial court by means of an order dated 07.05.2025. 6. The learned counsel for the opposite party No.2 has admitted the factum of compromise and submitted that the opposite party no.2 does not have any objection, if the impugned proceedings are quashed against the applicant. 7. I have considered the submissions of learned counsel for the parties. 8. 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. 9. 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 impugned charge sheet dated 27.09.2022 along with entire proceedings of S.T. No.255 of 2023, arising out of Case Crime No.0289 of 2022, under Sections 363, 366 I.P.C. Police Station Mahanagar, District Lucknow, pending in the Court of learned Additional Chief Judicial Magistrate CBI (AP), Lucknow are hereby quashed. . [Subhash Vidyarthi, J.] Order Date :- 15.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench