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2025 DAILYLAW 143138 (ALL)

TRIVENI YADAV AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME SECTT. LKO AND 2 OTHERS

A482/4617/2025 · 2025-07-08

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38807 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4617 of 2025 Applicant :- Triveni Yadav And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Sectt. Lko And 2 Others Counsel for Applicant :- Diwakar Prasad Tiwari Counsel for Opposite Party :- G.A.,Rajeev Kumar Mishra Rudra Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Diwakar Prasad Tiwari, the learned counsel for the applicants, Sri Hans Raj Verma, the learned A.G.A. for the State and Sri Rajeev Kumar Mishra Rudra, 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 25.12.2018 as well as the entire proceedings of Session Trial No.291 of 2020 arsing out of Case Crime No. 380 of 2018 under Sections 147, 148, 323, 504, 506, 427 IPC, Police Station- Katra Bazar, Gonda pending in the Court of learned Addl. Sessions Judge, Court No.5, Gonda 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-3 to the application. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by the Addl. Sessions Judge, Court no.5, Gonda vide order dated 12.06.2025 in compliance of the order dated 29.05.2025 passed by this Court in Application u/s 482 No.4617 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 25.12.2018 as well as the entire proceedings of Session Trial No.291 of 2020 arsing out of Case Crime No. 380 of 2018 under Sections 147, 148, 323, 504, 506, 427 IPC, Police Station- Katra Bazar, Gonda pending in the Court of learned Addl. Sessions Judge, Court No.5, Gonda 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