JANARDAN PRASAD YADAV @ J P YADAV v. THE STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/4557/2025 · 2025-07-08
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142542 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142542 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:38811 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4557 of 2025 Applicant :- Janardan Prasad Yadav @ J P Yadav Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Arvind Kumar Tiwari Counsel for Opposite Party :- G.A.,Prashant Tiwari Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Arvind Kumar Tiwari, the learned counsel for the applicants, Ms. Kamlesh Kumari, the learned A.G.A. for the State and Sri Prashant Tiwari, the learned counsel for opposite party No.2 and perused the record. Learned counsel for the applicant has filed a supplementary affidavit, 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 charge-sheet dated 14.09.2023, the summoning order dated 06.05.2024 as well as the entire proceedings of Case Crime No. 3445 of 2024 under Sections 505(2) IPC, Police Station- Kotwali Bhinga, Shrawasti pending in the Court of learned Chief Judicial Magistrate, Shrawasti on the basis of compromise entered into between the parties. 3. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at the compromise. Compromise entered into between the parties have been placed on record as Annexure-5 to the application. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by the Chief Judicial Magistrate-II, Lucknow vide order dated 12.06.2025 in compliance of the order dated 28.05.2025 passed by this Court in Application u/s 482 No.4557 of 2025. 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 dated 14.09.2023, the summoning order dated 06.05.2024 as well as the entire proceedings of Case Crime No. 3445 of 2024 under Sections 505(2) IPC, Police Station- Kotwali Bhinga, Shrawasti pending in the Court of learned Chief Judicial Magistrate, Shrawasti are hereby quashed. . (Subhash Vidyarthi,J.) Order Date :- 8.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench