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2025 DAILYLAW 139361 (ALL)

SHIVDEEP SINGH AND 6 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER

A482/3992/2025 · 2025-07-22

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42027 Court No. - 15 Case :- APPLICATION U/S 482 No. - 3992 of 2025 Applicant :- Shivdeep Singh And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Dinesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dinesh Kumar, the learned counsel for the applicant(s), Sri Ashok Srivastava, the learned AGA for the State, and perused the record. 2. By means of order dated 29.05.2025 notice was issued to the opposite party no. 2. Office has reported that the notice has been served upon the opposite party no. 2 but she has not put in appearance to oppose the application. 3. The instant application U/s 482 CrPC has been filed seeking quashing of the charge sheet no.10/2021 dated 17.01.2021 filed in Case Crime No.0466/2020, under Sections 498-A, 323, 504, 506 and 427 IPC read with Section 3/4 D.P. Act lodged at Police Station Fatehpur, District Barabanki and all the proceedings arising out of the same, pending in the Court of learned C.J.M., Barabanki on the ground that the parties have arrived at compromise/settlement. 4. The settlement/compromise dated 06.03.2025 has been brought on record as Annexure-4 to the application. The same has been verified by means of an order dated 17.03.2025 passed by the learned Chief Judicial Magistrate, Barabanki in compliance of the order dated 06.03.2025 passed by this Court in an application U/s 482 No.5860 of 2021. Though notice has been served upon the opposite party no. 2, she has not come forward to oppose the application which indicates that she also accepts the compromise and does not want to oppose the application. 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 impugned charge sheet no.10/2021 dated 17.01.2021 filed in Case Crime No.0466/2020, under Sections 498-A, 323, 504, 506 and 427 IPC read with Section 3/4 D.P. Act lodged at Police Station Fatehpur, District Barabanki and all the proceedings, arising out of the same, pending in the Court of learned C.J.M., Barabanki, are hereby quashed. Order Date :- 22.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench