Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 143017 (ALL)

OM PRAKASH GOND AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. OF HOME LKO. AND ANOTHER

A482/4632/2025 · 2025-07-16

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:41450 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4632 of 2025 Applicant :- Om Prakash Gond And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Of Home Lko. And Another Counsel for Applicant :- Rajneesh Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Rajneesh Tiwari, the learned counsel for the applicants, Sri Ashok Srivastava, the learned A.G.A. for the State and Sri Ritesh Kumar, advocate, who has filed vakalatnama on behalf of the opposite party No.2, which is taken on record. Short Counter affidavit filed by the learned counsel for opposite party No. 2, 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 entire proceedings of Criminal Case No. 4641/2024, arising out of Case Crime No. 257/2023, under Sections 419, 420, 504, 506 IPC, Police Station Baskhari, District Pratapgarh as well as charge-sheet dated 12.09.2023 and the summoning / cognizance order dated 12.04.2024 passed by the Chief Judicial Magistrate, Ambedkar Nagar, on the basis of compromise dated 26.05.2025 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-4 to the application. The parties have confirmed the terms of the compromise. In the counter affidavit filed on behalf of the opposite party No. 2, it is submitted that the opposite party No. 2 does not want to prosecute the applicants and does not want the present case to continue. Opposite party No. 2 does not have any objection, if the impugned proceedings are quashed against the applicants. 4. I have considered the submissions of learned counsel for the parties. 5. 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. 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 proceedings of Criminal Case No. 4641/2024, arising out of Case Crime No. 257/2023, under Sections 419, 420, 504, 506 IPC, Police Station Baskhari, District Pratapgarh as well as charge-sheet dated 12.09.2023 and the summoning / cognizance order dated 12.04.2024 passed by the Chief Judicial Magistrate, Ambedkar Nagar, are quashed. Order Date :- 16.7.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench