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2025 DAILYLAW 140255 (ALL)

SHADAB AND 4 OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER

A482/4122/2025 · 2025-07-04

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38096 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4122 of 2025 Applicant :- Shadab And 4 Others Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A.,Alok Mishra Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dharmendra Kumar Gupta, the learned counsel for the petitioners, Sri Hansraj Verma, the learned AGA for the State, as well as Sri Alok Mishra, the learned counsel for the opposite party no. 2, and perused the record. 2. Supplementary affidavit, filed on behalf of the petitioner, is taken on record. 3. The instant petition has been filed seeking quashing of the entire proceedings of Criminal Case No.1616/2022 (State Vs. Shadab and others) arising out of Case Crime No.146/2022, under Sections 147, 323, 504, 506, 452 and 295-A IPC lodged at Police Station Pisawan, District Sitapur, pending in the Court of learned Civil Judge (S.D.)/F.T.C., Sitapur, including the charge-sheet no.152/2022 dated 17.04.2022 and the summoning order dated 01.07.2022 passed by the learned Additional Civil Judge (J.D.), Court No.6/Judicial Magistrate, Sitapur. 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-5 to the petition. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by learned A.C.J. (S.D.)-IVth, Sitapur vide order dated 28.05.2025 in compliance of the order dated 16.05.2025 passed by this Court in Application u/s 482 No.4122 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 proceedings of Criminal Case No.1616/2022 (State Vs. Shadab and others) arising out of Case Crime No.146/2022, under Sections 147, 323, 504, 506, 452 and 295-A IPC lodged at Police Station Pisawan, District Sitapur, pending in the Court of learned Civil Judge (S.D.)/F.T.C., Sitapur, including the charge-sheet no.152/2022 dated 17.04.2022 and the summoning order dated 01.07.2022 passed by the learned Additional Civil Judge (J.D.), Court No.6/Judicial Magistrate, Sitapur, are hereby quashed. Order Date :- 4.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench