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2025 DAILYLAW 142429 (ALL)

MOHD. SAMIM AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/4646/2025 · 2025-07-14

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40130 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4646 of 2025 Applicant :- Mohd. Samim And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ambuj Singh,Nritika Singh Counsel for Opposite Party :- G.A.,Achleshwar Raj Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ambuj Singh, the learned counsel for the applicants, Sri Hansraj Verma, the learned A.G.A. for the State and Sri Achleshwar Raj, the learned counsel for opposite party No.2 and perused the record. 2. By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of the charge sheet dated 25.08.2023 filed in Case Crime No.0447 of 2023, under Sections 498-A, 323 and 506 IPC lodged at Police Station Kotwali Nagar, District Sultanpur, quashing of the summoning order dated 16.09.2023 passed by the learned Chief Judicial Magistrate, Sultanpur in Criminal Case No.8869 of 2023 (State of U.P. Vs. Badka) as well as quashing of the entire proceedings of aforesaid case, pending in the Court of learned Chief Judicial Magistrate, Sultanpur on the ground that the parties have entered into a settlement/compromise. 3. Learned counsel for the parties submit that the parties have settled their dispute amicably outside the Court and they have arrived at a compromise. The compromise/settlement deed has been placed on record as Annexure-4 to the application. The parties have confirmed the terms of the compromise verified by the learned Chief Judicial Magistrate, Sultanpur vide order dated 10.07.2025 passed in compliance of the order dated 03.06.2025 passed by this Court. 4. The parties have entered into compromise whereby they have resolved their dispute and the opposite party no. 2 has resumed cohabitation with her husband. She has stated that now there is no dispute left with her husband and she wants closure of the criminal proceedings and has also supported the request of the applicants for quashing the criminal proceedings. 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 impugned charge sheet dated 25.08.2023 filed in Case Crime No.0447 of 2023, under Sections 498-A, 323 and 506 IPC lodged at Police Station Kotwali Nagar, District Sultanpur, including the summoning order dated 16.09.2023 passed by the learned Chief Judicial Magistrate, Sultanpur in Criminal Case No.8869 of 2023 (State of U.P. Vs. Badka) as well as the entire proceedings of aforesaid case, pending in the Court of learned Chief Judicial Magistrate, Sultanpur are quashed. Order Date :- 14.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench