SUNIL PANDEY AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/4322/2025 · 2025-07-04
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141262 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141262 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:38092 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4322 of 2025 Applicant :- Sunil Pandey And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sudhir Kumar,Laxmi Kant Dixit Counsel for Opposite Party :- G.A.,Arvind Bharti,Rajesh Kumar,Vishwa Prakash Bhaskar Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Sudhir Kumar, the learned counsel for the petitioners, Smt. Kamlesh Kumari, the learned AGA for the State, as well as Sri Rajesh Kumar, 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.12468 of 2024 (State Vs. Sunil Pandey and others), arising out of Case Crime No.0333 of 2022, under Sections 498-A, 323, 504 and 506 IPC read with Section 3/4 D.P. Act lodged at Police Station Alambagh, District Lucknow, pending in the Court of learned J.M.-III, Lucknow, including the charge-sheet no.1 of 2022 dated 24.06.2023 and cognizance/summoning order dated
05.02.2024. 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-3 to the petition. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by learned Judicial Magistrate-III, Lucknow vide order dated 05.06.2025 in compliance of the order dated 22.05.2025 passed by this Court in Application u/s 482 No.4322 of 2025. It is further submitted that the parties have filed a suit under Section 13-B of the Hindu Marriage Act, 1955 for getting their marriage dissolved by mutual consent. 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.12468 of 2024 (State Vs. Sunil Pandey and others), arising out of Case Crime No.0333 of 2022, under Sections 498-A, 323, 504 and 506 IPC read with Section 3/4 D.P. Act lodged at Police Station Alambagh, District Lucknow, pending in the Court of learned J.M.-III, 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