RAMESH KUMAR YADAV AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO AND ANOTHER
A482/4157/2025 · 2025-07-04
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140144 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140144 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:38095 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4157 of 2025 Applicant :- Ramesh Kumar Yadav And Another Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Tribhuvan Narai Singh Counsel for Opposite Party :- G.A.,Sandeep Kumar,Satendra Kumar Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Tribhuvan Narain Singh, the learned counsel for the petitioners, Sri Hansraj Verma, the learned AGA for the State, as well as Sri Satendra Kumar, the learned counsel for the opposite party no. 2, and perused the record.
2. Supplementary affidavit, filed on behalf of the petitioner, is already on record.
3. The instant petition has been filed seeking quashing of the entire proceedings arising out of Case Crime No.0329 of 2021, under Sections 406, 420, 504 and 506 IPC lodged at Police Station Bakshi-Ka-Talab, District Lucknow (State Vs. Ramesh Kumar Yadav and others), pending in the Court of learned Additional Chief Judicial Magistrate, Court No. 7, Lucknow, including the charge-sheet dated 12.11.2021 and the summoning order dated 24.06.2022.
4. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at a compromise. Compromise entered into between the parties have been placed on record as Annexure-4 to the petition. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by learned
Additional Chief Judicial Magistrate- VIIth, Court No. 31, Lucknow vide order dated 04.06.2025 in compliance of the
order dated 21.05.2025 passed by this Court in Application u/s 482 No.4157 of 2025.
5. I have considered the submissions of learned counsel for the parties.
6. 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.
7. 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 present petition is allowed and entire proceeding arising out of Case Crime No.0329 of 2021, under Sections 406, 420, 504 and 506 IPC lodged at Police Station Bakshi-Ka-Talab, District Lucknow (State Vs. Ramesh Kumar Yadav and others), pending in the Court of learned Additional Chief Judicial Magistrate, Court No. 7, Lucknow, are hereby quashed.
Order Date :- 4.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench