SHEKHAR SARAN AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/4528/2025 · 2025-07-10
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141905 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141905 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39511 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4528 of 2025 Applicant :- Shekhar Saran And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Suyash Bajpai,Priyanshi Singh Counsel for Opposite Party :- G.A., Anoop Kumar, Shubham Singh Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Suyash Bajpai, the learned counsel for the applicant and Sri Ashok Srivastava, the learned A.G.A for the State and Sri Shubham Singh, the learned counsel for the opposite party No.2.
2. The instant application has been filed under Section 482 Cr.P.C, the applicant has sought quashing of the charge sheet No. 27.11.2023 as well as the entire proceedings of Case No. 16911 of 2024 arising out of Case Crime No.381 of 2022, under Sections 498-A, 323, 504, 506 I.P.C & Section 3/4 of D.P. Act for applicant Nos.1 to 5 and under Section 323, 504, 506 IPC for applicant No.6, Police Station Ghazipur, District Lucknow, which is pending before the court of Spl. Chief Judicial Magistrate (Custom), Lucknow.
4. The quashing of the proceedings has been sought on the ground that the parties have entered into a compromise on 16.11.2023, a copy whereof has been annexed with the affidavit.
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-4 to the petition. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by Spl. Chief Judicial Magistrate (Custom), Lucknow vide
order dated 12.06.2025 in compliance of the order dated 28.05.2022 passed by this Court in Application u/s 482 No.4528 of 2025. The parties have agreed to part their ways through a decree of divorce by mutual consent.
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.
6. Accordingly, the present petition is allowed and the charge sheet No. 27.11.2023 as well as the entire proceedings of Case No. 16911 of 2024 arising out of Case Crime No.381 of 2022, under Sections 498-A, 323, 504, 506 I.P.C & Section 3/4 of D.P. Act for applicant Nos.1 to 5 and under Section 323, 504, 506 IPC for applicant No.6, Police Station Ghazipur, District Lucknow, which is pending before the court of Spl. Chief Judicial Magistrate (Custom), Lucknow are hereby quashed. . (Subhash Vidyarthi,J.)
Order Date :- 10.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench