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2025 DAILYLAW 141284 (ALL)

ALOK KUMAR PAL @ ALOK PAL AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/4412/2025 · 2025-07-11

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39770 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4412 of 2025 Applicant :- Alok Kumar Pal @ Alok Pal And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Aakil Khan,Jamal Ahamad Khan Counsel for Opposite Party :- G.A.,Pragati Gautam Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Aakil Khan, the learned counsel for the applicants, Sri Angad Kumar Vishwakarma, the learned AGA and Sri Achinkya Shobhan, Advocate holding brief of Ms. Pragati Gautam, the learned counsel for opposite party No.2. 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 applicants have sought quashing of the entire proceedings of Criminal Case No.44016 of 2019 arising out of Case Crime No.153 of 2018 under Sections 498-A/323/506 IPC and Section 3/4 D.P. Act at P.S. Manak Nagar, Lucknow as well as the impugned charge-sheet dated 13.05.2018 in the aforesaid case. 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-6 to the petition. The parties have confirmed the terms of the compromise and they are residing together. 4. Opposite party No.2 does not have any objection, if the impugned proceedings are quashed against the applicants. 5. I have considered the submissions of learned counsel for the parties. 6. Considering the fact that the dispute between the parties is personal in nature and 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. 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 entire proceedings of Criminal Case No.44016 of 2019 arising out of Case Crime No.153 of 2018 under Sections 498-A/323/506 IPC and Section 3/4 D.P. Act at P.S. Manak Nagar, Lucknow as well as the impugned charge-sheet dated 13.05.2018 are quashed. . (Subhash Vidyarthi,J.) Order Date :- 11.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench