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2025 DAILYLAW 141385 (ALL)

IRFAN ALI AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/4413/2025 · 2025-07-10

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39514 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4413 of 2025 Applicant :- Irfan Ali And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Adarsh Kumar Tripathi,Abhivyanjit Anoop Counsel for Opposite Party :- G.A.,Gyanendra Pathak Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Adarsh Kumar Tripathi, the learned counsel for the applicants, Sri Ashok Srivastava, the learned A.G.A. for the State and Sri Gyanendra Pathak, the learned counsel for opposite party No.2 and perused the record. Supplementary affidavit filed by the learned counsel for 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.6098/2021 arising out of the Case Crime No.61/2019 under Sections 498-A, 323 IPC and 3/4 of D.P. Act at Police Station- Gilaula, District- Shrawasti pending in the court of Addl. Chief Judicial Magistrate, Shrawasti. 3. Learned counsel 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-3 to the petition. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by Judicial Magistrate, Shrawasti vide order dated 12.06.2025 in compliance of the order dated 28.05.2025 passed by this Court in Application u/s 482 No.4413 of 2025. 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.6098/2021 arising out of the Case Crime No.61/2019 under Sections 498-A, 323 IPC and 3/4 of D.P. Act at Police Station- Gilaula, District- Shrawasti pending in the court of Addl. Chief Judicial Magistrate, Shrawasti are quashed. . (Subhash Vidyarthi,J.) Order Date :- 10.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench