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2025 DAILYLAW 142001 (ALL)

ADARSH YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NA528/518/2025 · 2025-07-04

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38016 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 518 of 2025 Applicant :- Adarsh Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vinay Kumar Counsel for Opposite Party :- G.A.,Varun Kumar Gupta Hon'ble Subhash Vidyarthi,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Sri Vinay Kumar, learned counsel for the applicant, Sri Hansraj Verma, learned A.G.A.-I for the State, as well as Sri Varun Kumar Gupta, learned counsel for the opposite party no. 2, and perused the record. 3. The petition has been filed seeking quashing of the charge sheet and cognizance order passed by the learned Trial Court, including the entire proceeding of Case No.51633 of 2025, arising out of Case Crime No.048 of 2025, under Sections 76/115(2)/127(2)/351(3) B.N.S., lodged at Police Station Gomti Nagar, District Lucknow, pending in the Court of learned Chief Judicial Magistrate, Lucknow, so far as it relates to the applicant. 4. 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 Annexure-4 to the petition. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by the In- charge Chief Judicial Magistrate, Lucknow vide order dated 03.06.2025 in compliance of the order dated 27.05.2025 passed by this Court in Application u/s 528 B.N.S.S. No. 518 of 2025. 5. I have considered the submissions of learned counsel for the parties. 6. 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. 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 petition is allowed and the proceeding of Case No.51633 of 2025, arising out of Case Crime No.048 of 2025, under Sections 76/115(2)/127(2)/351(3) B.N.S., lodged at Police Station Gomti Nagar, District Lucknow are hereby quashed. Order Date :- 4.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench