SHRI KULDEEP KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
A482/3334/2025 · 2025-08-01
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134816 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134816 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44902 Court No. - 15 Case :- APPLICATION U/S 482 No. - 3334 of 2025 Applicant :- Shri Kuldeep Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Aditya Kumar Bajpai Counsel for Opposite Party :- G.A.,Shailendra Kumar Tiwari Hon'ble Subhash Vidyarthi,J. Supplementary affidavit has been filed on behalf of the applicants, which is taken on record. Heard Shri Aditya Kumar Bajpai, learned counsel for the applicants; Sri Angad Kumar Vishwakarma, learned Addl. Government Advocate and Sri Shailendra Kumar Tiwari, Advocate, present for the opposite party Nos. 2 and 3. The petition has been filed seeking quashing of Chargesheet No. 270 of 2022 dated 15.12.2022 and cognizance/summoning
order dated 13.07.2023 in Case No. 1774 of 2023, Crime No. 0313 of 2022 under Sections 323/504/506, I.P.C. P.S. Jahangirabad, District Barabanki, pending in the court of Addl. Chief Judicial Magistrate, Court No. 19, Barabanki, as also the entire proceedings of the said case. 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-3 to the petition. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by Addl. Chief Judicial Magistrate, Court No. 19, Barabanki, vide order dated 01.05.2025 in compliance of the order dated 21.04.2025 passed by this Court in Application u/s 482 No. 3334 of 2025. 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 proceedings of Chargesheet No. 270 of 2022 dated 15.12.2022 and cognizance/summoning
order dated 13.07.2023 in Case No. 1774 of 2023, Crime No. 0313 of 2022 under Sections 323/504/506, I.P.C. P.S. Jahangirabad, District Barabanki, pending in the court of Addl. Chief Judicial Magistrate, Court No. 19, Barabanki, as also the entire proceedings of the said case, are hereby quashed. (Subhash Vidyarthi, J.)
Order Date :- 1.8.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench