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2025 DAILYLAW 142026 (ALL)

SHASHI BHUSHAN SAINI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/4534/2025 · 2025-07-14

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40129 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4534 of 2025 Applicant :- Shashi Bhushan Saini Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Gulam Mustafa Counsel for Opposite Party :- G.A.,Amarjeet Singh,Krishna Gopal,Sandeep Kumar Ojha Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Gulam Mustafa, the learned counsel for the applicant, Sri Nagarjun Pandey, the learned counsel for the State, as well as Sri Sandeep Kumar Ojha, the learned counsel for the opposite party no. 2, and perused the record. 2. The instant petition under Section 482 CrPC/528 BNSS has been filed, seeking quashing of the charge sheet no.01/2018 dated 05.05.2018 filed in Case No. 62524/2023, arising out of Case Crime No.380/2018, under Sections 406 and 504 IPC lodged at Police Station Ghazipur, District Lucknow, pending in the Court of learned Special C.J.M., Custom, Lucknow as well as for quashing of the summoning order dated 01.06.2023 on the ground that the parties have entered into a compromise/settlement. 3. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at a compromise. The compromise entered into between the parties has been placed on record as Annexure-4 to the application.The parties have confirmed the terms of the compromise. The compromise has been verified between the parties by the learned Special Chief Judicial Magistrate (Custom) Lucknow vide order dated 16.06.2025, copy of which has been annexed with the supplementary affidavit dated 30.06.2025 filed by the applicant, in compliance of the order dated 28.05.2025 passed by this Court. 4. I have considered the submissions of learned counsel for the parties. 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 petition is allowed and the charge sheet no.01/2018 dated 05.05.2018 filed in Case No. 62524/2023, arising out of Case Crime No.380/2018, under Sections 406 and 504 IPC lodged at Police Station Ghazipur, District Lucknow, pending in the Court of learned Special C.J.M., Custom, Lucknow, including the summoning order dated 01.06.2023, is hereby quashed. Order Date :- 14.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench