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2025 DAILYLAW 135909 (ALL)

AKASH CHAUDHARY ALIAS CHITRANSHU GUPTA v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS

NA528/344/2025 · 2025-09-17

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 344 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the parties and perused the record. Supplementary affidavit, filed on behalf of the applicant, is taken on record. 2. The instant application has been filed seeking quashing of the order dated 11.03.2025 passed by the learned Additional Chief Judicial Magistrate-I, Gonda in CIS No.420/2025 (Rohit Vs. Akash Chaudhary) U/s 173(4) of B.N.S.S., 2023 relating to Police Station Mankapur, District Gonda on the ground that the parties have arrived at a compromise/settlement. 3. Learned counsels for the parties submit that the parties have settled their dispute amicably outside the Court and they have arrived at a compromise. The compromise entered into between the parties has been placed on record as Annexure-3 to the application. The parties have confirmed the terms of the compromise. The compromise has been verified between the parties by learned Additional Chief Judicial Magistrate, Court No.1, Gonda vide order dated 15.05.2025 in compliance of the order dated 24.04.2025 passed by this Court in the present application. 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 Versus Counsel for Applicant(s) : Alok Srivastava Counsel for Opposite Party(s) : G.A., Pranav Tivaree, Vinay Prakash Shukla Akash Chaudhary Alias Chitranshu Gupta .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And 2 Others .....Opposite Party(s) 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 instant application is allowed and the impugned order dated 11.03.2025 passed by the learned Additional Chief Judicial Magistrate-I, Gonda in CIS No.420/2025 (Rohit Vs. Akash Chaudhary) U/s 173(4) of B.N.S.S., 2023 relating to Police Station Mankapur, District Gonda, is hereby quashed. 7. The compromise deed shall be made part of this order. 8. Consign to record. September 17, 2025 MVS/- NA528 No. 344 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench