Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 140593 (ALL)

MOHD. REHAN @ SHERU v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER

A482/4229/2025 · 2025-07-02

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:37479 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4229 of 2025 Applicant :- Mohd. Rehan @ Sheru Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Sunil Kumar Awasthi,Sunil Dixit Counsel for Opposite Party :- G.A.,Rakesh Kumar Modanwal Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sunil Dixit, learned counsel for the applicant, Sri S.P. Singh, learned A.G.A. for the State and Sri Rakesh Kumar Modanwal, learned counsel for the opposite party no. 2 and perused the record. Short counter affidavit filed by the learned counsel for opposite party No. 2 is taken on record. 2. By means of the instant application filed under Section 482 Cr.P.C., the applicant has sought quashing of the proceedings of Session Trial No. 1538/2023, relating to Charge Sheet No. 1/2019 dated 29.05.2019 arising out of Case Crime No. 123/2019, under Sections 376, 313, 498-A, 323, 506 IPC & 3/4 D.P. Act relating to Police Station Bazarkhala, District Lucknow, pending in the court of Additional Session Judge, Court No. 7, Lucknow, on the basis of a settlement arrived at between the parties. 3. Learned counsel for the applicant has submitted that the FIR was lodged alleging that the applicant had physically exploited the informant and thereafter he had declined to marry her but subsequently the applicant had married the informant and they have a five years old child. 4. Learned counsel for the parties submit that the parties have settled their dispute amicably outside the Court and they have arrived at a compromise on 14.05.2025. The original compromise deed has been placed on record as Annexure-8 to the application. The learned counsel for the parties have confirmed the terms of compromise. 5. The learned counsel for the opposite party No.2 does not have any objection, if the impugned proceedings are quashed against the applicant and the opposite party no.2 supports the application. 6. Considering the fact that the dispute between the parties is of private nature and it does not affect the public at large and 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 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 application is allowed and the proceedings of Session Trial No. 1538/2023, relating to Charge Sheet No. 1/2019 dated 29.05.2019 arising out of Case Crime No. 123/2019, under Sections 376, 313, 498-A, 323, 506 IPC & 3/4 D.P. Act relating to Police Station Bazarkhala, District Lucknow, pending in the court of Additional Session Judge, Court No. 7, Lucknow, are quashed. Order Date :- 2.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench