ANURAG SHARMA AND 4 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
A482/4591/2025 · 2025-07-15
Subhash Vidyarthi
body2025
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[ 2025 DAILYLAW 141910 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 141910 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40429 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4591 of 2025 Applicant :- Anurag Sharma And 4 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Rohit Yadav,Alok Yadav,Ashok Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Rohit Yadav, the learned counsel for the applicants, Sri Chandan Srivastava, who has filed vakalatnama on behalf of the opposite party No.2, which 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 summoning
order dated 11.06.2024 passed by the C.J.M., Lucknow in Criminal Case No.55423 of 2024 arising out of the Case Crime No.214 of 2023 under Sections 498-A, 323, 504, 506, 507 IPC and Section 3/4 of D.P. Act relating to Police Station- Gomti Nagar Vistar, District- Lucknow and the entire proceedings thereof.
3. Shri Sri Rohit Yadav, the learned counsel for the applicants, Sri Chandan Srivastava, the learned counsel for the opposite party No.2 jointly stated that there was a matrimonial dispute between the parties which stands resolved amicably.
4. The learned counsel for the 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. 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 summoning order dated 11.06.2024 passed by the C.J.M., Lucknow as well as the entire proceedings of Criminal Case No.55423 of 2024 arising out of the Case Crime No.214 of 2023 under Sections 498-A, 323, 504, 506, 507 IPC and Section 3/4 of D.P. Act relating to Police Station- Gomti Nagar Vistar, District- Lucknow are quashed. . (Subhash Vidyarthi,J.)
Order Date :- 15.7.2025 -Amit K- Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench