JULFIKAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NA528/502/2025 · 2025-07-11
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141547 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141547 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39905 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 502 of 2025 Applicant :- Julfikar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ashish Kumar Counsel for Opposite Party :- G.A.,Amrish Tiwari Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ashish Kumar, the learned counsel for the applicant, Sri Angad Kumar Vishwakarma, the learned AGA for the State, as well as Sri Amrish Tiwari, the learned counsel for the opposite party no. 2 and perused the record. A supplementary affidavit has been filed on behalf of the applicant, which is taken on record. 2. The instant application under Section 482 CrPC/528 BNSS has been filed, seeking quashing of the entire proceeding arising out of Case Case No.0266 of 2024, under Sections 34, 308, 325, 323, 504 and 506 IPC lodged at Police Station Mohammadpur Khala, District Barabanki, pending in the Court of learned Civil Judge, (J.D.)/ACJM FTC Court No.38, Barabanki, charge-sheet no.347/2024 dated 19.07.2024 as well as the summoning order dated 10.03.2025, on the ground that the parties have entered into a compromise/settlement. 3. Copy of the settlement dated 14.05.2025 has been annexed as Annexure -5 to the application wherein it is stated that the parties belong to the same family and the FIR was lodged due to some confusion. The parties have resolved their disputes and want closure of the proceedings on the ground of compromise. 4. Along with the supplementary affidavit filed today copy of
the order dated 13.06.2025 passed by the Additional Chief Judicial Magistrate, Court No. 38, Barabanki, verifying the compromise, has been annexed. 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 application is allowed and the entire proceeding arising out of Case Case No.0266 of 2024, under Sections 34, 308, 325, 323, 504 and 506 IPC lodged at Police Station Mohammadpur Khala, District Barabanki, pending in the Court of learned Civil Judge, (J.D.)/ACJM FTC Court No.38, Barabanki, including the charge-sheet no.347/2024 dated 19.07.2024 and the summoning order dated 10.03.2025, is hereby quashed. Order Date :- 11.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench