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2025 DAILYLAW 142302 (ALL)

SHESHJI GAUTAM @ SHESHJI AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. OF HOME LKO. AND ANOTHER

A482/4662/2025 · 2025-07-11

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39839 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4662 of 2025 Applicant :- Sheshji Gautam @ Sheshji And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Of Home Lko. And Another Counsel for Applicant :- Shivam Singh,Chandan Tiwari Counsel for Opposite Party :- G.A.,Atul Kumar Pathak Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Shivam Singh, the learned counsel for the applicants, Sri Ashok Srivastava, the learned AGA for the State, as well as Sri Atul Kumar Pathak, the learned counsel for the opposite party no. 2, and perused the record. 2. Supplementary affidavit filed on behalf of the applicants is taken on record. 3. The instant petition under Section 482 CrPC/528 BNSS has been filed, seeking quashing of the entire criminal proceeding of Case No.29882 of 2023 (State of U.P. Vs. Sheshji Gautam and others), pending in the Court of learned Judicial Magistrate- III, Lucknow, arising out of FIR No.010 of 2019 lodged at Police Station Madiyaon, District Lucknow, quashing of the charge-sheet dated 11.02.2020 filed in the aforesaid case as well as for quashing of the summoning/cognizance order dated 20.03.2023 on the ground that the parties have entered into a compromise/settlement. 4. Copy of 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. Compromise has been verified between the parties by the learned Judicial Magistrate (3rd) Lucknow vide order dated 12.06.2025 in compliance of the order dated 30.05.2025 passed by this Court in the instant application, a copy of which is annexed with the supplementary affidavit filed on behalf of the applicants. 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. 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 criminal proceeding of Case No.29882 of 2023 (State of U.P. Vs. Sheshji Gautam and others), pending in the Court of learned Judicial Magistrate-III, Lucknow, arising out of FIR No.010 of 2019 lodged at Police Station Madiyaon, District Lucknow, the charge-sheet dated 11.02.2020 filed in the aforesaid case as well as the impugned summoning/cognizance order dated 20.03.2023, is hereby quashed. Order Date :- 11.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench