VINAYAK PAL AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/3630/2025 · 2025-09-03
Shree Prakash Singh
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 136840 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136840 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 3630 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 applicants, is taken on record. 2. The instant application has been filed seeking quashing of the order dated 09.11.2022 passed by the learned C.J. J.D. F.T.C., Court No.50, Lucknow by means of which the applicants have been summoned under Sections 498-A, 323, 504, 506 and 406 IPC read with Section 3/4 D.P. Act lodged at Police Station Mahila Thana, District Lucknow in Case No.118975/2022, arising out of Case Crime No.078/2021 (State Vs. Vinayak Pal and others) and to quash the charge-sheet no.01/2022 filed in the aforesaid case crime number 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-5 to the application. The parties have confirmed the terms of the compromise. The compromise has been verified between the parties by learned I/c Civil Judge (J.D.) F.T.C. (C.A.W.), Lucknow vide order dated 09.05.2025 in compliance of the order dated 29.04.2025 passed by this Court in the present application. 4. I have considered the submissions of learned counsel for the parties. Versus Counsel for Applicant(s) : Siddhant Kumar Counsel for Opposite Party(s) : G.A., Awadhesh Mishra, Ravindra Kumar Singh Vinayak Pal And 4 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
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.
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 order dated 09.11.2022 passed by the learned C.J. J.D. F.T.C., Court No.50, Lucknow by means of which the applicants have been summoned under Sections 498-A, 323, 504, 506 and 406 IPC read with Section 3/4 D.P. Act lodged at Police Station Mahila Thana, District Lucknow in Case No.118975/2022, arising out of Case Crime No.078/2021 (State Vs. Vinayak Pal and others) and the charge-sheet no.01/2022, are hereby quashed. 7. The compromise deed shall be made part of this order. 8. Consign to record. September 3, 2025 MVS/- A482 No. 3630 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench