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2025 DAILYLAW 141378 (ALL)

MAHESH JAGTIANI AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. LKO. AND ANOTHER

A482/4411/2025 · 2025-07-04

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38083 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4411 of 2025 Applicant :- Mahesh Jagtiani And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. And Another Counsel for Applicant :- Vivek Tiwari,Ravi Patel Counsel for Opposite Party :- G.A.,Prachish Pandey Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vivek Tiwari, the learned counsel for the applicants, Sri Hansraj Verma, the learned A.G.A. for the State, as well as Sri Prachish Pandey, the learned counsel for opposite party No.2, and perused the record. Supplementary affidavit, filed on behalf of the applicants, 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.123520 of 2022 (State of U.P. Vs. Nirmal Jagtiani and others), arising out of Case Crime No.0136 of 2022, under Sections 323 and 506 IPC lodged at Police Station Kaiserbagh, Lucknow, pending in the Court of learned Chief Judicial Magistrate, Lucknow, including the charge-sheet and the cognizance/summoning order dated 08.12.2022. 3. 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 Annexures 5 and 6 to the application. The parties have confirmed the terms of the compromise. The compromise has been verified between the parties by the learned Additional Chief Judicial Magistrate-I, Court No. 25, 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.4411 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. 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 of Criminal Case No.123520 of 2022 (State of U.P. Vs. Nirmal Jagtiani and others), arising out of Case Crime No.0136 of 2022, under Sections 323 and 506 IPC lodged at Police Station Kaiserbagh, Lucknow, pending in the Court of learned Chief Judicial Magistrate, Lucknow, including the charge-sheet and the cognizance/summoning order dated 08.12.2022, are hereby quashed. Order Date :- 4.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench