AMRIT LAL v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
A482/3598/2025 · 2025-07-29
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136985 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136985 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43817 Court No. - 15 Case :- APPLICATION U/S 482 No. - 3598 of 2025 Applicant :- Amrit Lal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Prashant Shukla Counsel for Opposite Party :- G.A.,Prateek Tewari Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Prashant Shukla, the learned counsel for the applicant(s), Sri Hansraj Verma, the learned AGA for the State, as well as Sri Amitesh Mishra, Advocate, holding brief of Sri Prateek Tewari, the learned counsel for the opposite party no. 2, and perused the record.
2. The instant petition has been filed seeking quashing of the proceedings of Criminal Case No.16307/2025, pending in the Court of learned J.M.-VII, Court No. 31, Lucknow, quashing of charge-sheet no.01 dated 03.02.2024 filed in Case Crime/FIR No.0038/2023 lodged at Police Station Wazirganj, District Lucknow as well as quashing of the order dated 13.02.2025 by means of which cognizance of the offence has been taken and the applicant has been summoned to face trial under Sections 120-B, 420, 467, 468, 504 and 506 IPC on the ground that the parties have arrived at a compromise/settlement.
3. The aforesaid case instituted on the basis of an FIR lodged by the opposite party no. 2 on 02.02.2023 against three named persons, including the applicant, and 7-8 unknown persons in furtherance to an order passed on an application under Section 156(3) CrPC, stating that the informant had purchased a plot of land through registered sale-deed dated 23.02.2010 for a sale-
consideration amount of Rs.1,70,000/-, however, wrong gata
number was mentioned in the sale-deed and he was not allowed to take possession of the land. 4. After investigation, the investigating officer has submitted a charge-sheet on 03.02.2024 against the applicant and the investigation regarding other accused persons is still pending. 5. During the pendency of the proceedings, the parties have entered into an agreement dated 03.01.2025. 6. The learned counsel for the applicant has submitted that the dispute between the parties was regarding possession of a property which was civil in nature and that dispute has been settled amicably. The learned counsel for the applicant has relied on a decision dated 21.12.2023 rendered by this Court in an Application U/s 482 No.5525 of 2023 (Khursheed and Anr. Vs. State of U.P. and Anr.) and two other connected matters, wherein it is has been held that the proceedings can be quashed partially also regarding some accused persons(s), who has/have arrived at a settlement with the complainant/informant. 7. I have considered the submission of learned counsel for the parties. 8. 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. 9.
9. In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between them and law laid down by the Supreme Court of India, the instant application is allowed and proceedings of Criminal Case No.16307/2025, pending in the Court of learned J.M.-VII, Court No. 31, Lucknow, including the charge-sheet no.01 dated 03.02.2024 filed in Case Crime/FIR No.0038/2023 lodged at Police Station Wazirganj, District Lucknow as well as the order dated 13.02.2025 by means of which cognizance of the offence has been taken and the applicant has been summoned to face trial under Sections 120-B, 420, 467, 468, 504 and 506 IPC, so far as they relate to the present applicant, are hereby quashed.
Order Date :- 29.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench