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2025 DAILYLAW 141157 (ALL)

BALBIR SINGH AND 3 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER

A482/4503/2025 · 2025-07-04

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38079 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4503 of 2025 Applicant :- Balbir Singh And 3 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another Counsel for Applicant :- Hari Govind Dubey,Gyanendra Kumar Sahu,Radhey Govind Dubey Counsel for Opposite Party :- G.A.,Ashok Kumar Verma Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Govind Dubey, learned counsel for the applicants, Ms. Shikha Sinha, learned AGA for the State, as well as Sri Varunendra Singh, learned counsel for the opposite party no. 2, and perused the record. Supplementary affidavit filed on behalf of the applicants is taken on record. 2. The instant petition U/s 482 CrPC has been filed seeking quashing of the entire proceedings of Criminal Case No.3959 of 2013, arising out of Case Crime No.0163 of 2007, under Sections 452, 323 and 504 IPC lodged at Police Station Mall, District Lucknow, pending in the Court of learned Additional Chief Judicial Magistrate (IV), Lucknow, including the charge- sheet dated 25.10.2007 and the cognizance/summoning order dated 03.03.2008 passed by the learned Additional Civil Judge (J.D.)/Judicial Magistrate (VIII), Room No. 40, Lucknow. 3. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at the 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 the learned Additional Chief Judicial Magistrate-IV, Lucknow vide order dated 10.06.2025 in compliance of the order dated 27.05.2025 passed by this Court in Application u/s 482 No. 4503 of 2025. 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 present petition is allowed and proceedings Criminal Case No.3959 of 2013, arising out of Case Crime No.0163 of 2007, under Sections 452, 323 and 504 IPC lodged at Police Station Mall, District Lucknow, pending in the Court of learned Additional Chief Judicial Magistrate (IV), Lucknow, including the charge-sheet dated 25.10.2007 and the cognizance/summoning order dated 03.03.2008 passed by the learned Additional Civil Judge (J.D.)/Judicial Magistrate (VIII), Room No. 40, 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