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2025 DAILYLAW 137176 (ALL)

CHANDRA KUMAR SINGH @ CHANDRA KUMAR SINGH TOMER AND 7 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

A482/3666/2025 · 2025-08-20

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48883 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3666 of 2025 Applicant :- Chandra Kumar Singh @ Chandra Kumar Singh Tomer And 7 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Rohit Jaiswal,Adarsh Pratap Singh Counsel for Opposite Party :- G.A.,Mohit Gupta 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 already on record, annexing therewith the order dated 15.05.2025 passed by the learned Additional Civil Judge (S.D.) Court No.2/ACJM, Sitapur by means of which the compromise entered into between the parties has been verified pursuant to order date 30.04.2025 passed by this Court. 2. The instant application has been filed seeking quashing of the cognizance/summoning order dated 19.04.2024 passed by the learned Additional Civil Judge (J.D.) Court No. 2, District Sitapur in Case No.11998 of 2024 (State of U.P. Vs. Reshu and Ors), to quash the entire proceedings emanating from the aforesaid case and to quash the charge-sheet no.1 dated 27.06.2021 filed in Case Crime No.0295/2021, under Sections 147, 148, 323, 336, 504 and 506 IPC lodged at Police Station Biswan, District Sitapur 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 the learned Additional Civil Judge (S.D.) Court No.2/ACJM, Sitapur vide order dated 15.05.2025 in compliance of the order dated 30.04.2025 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 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 entire proceedings of Case No.11998 of 2024 (State of U.P. Vs. Reshu and Ors), including the cognizance/summoning order dated 19.04.2024 passed by the learned Additional Civil Judge (J.D.) Court No. 2, District Sitapur and the charge-sheet no.1 dated 27.06.2021 filed in Case Crime No.0295/2021, under Sections 147, 148, 323, 336, 504 and 506 IPC lodged at Police Station Biswan, District Sitapur, are hereby quashed. 7. The compromise deed shall be part of this order. 8. Consign to record. [Shree Prakash Singh,J.] Order Date :- 20.8.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench