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2025 DAILYLAW 143363 (ALL)

SATENDRA AGNIHOTRI @ BABA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/4727/2025 · 2025-07-11

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39841 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4727 of 2025 Applicant :- Satendra Agnihotri @ Baba Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Himanshu Trigunait Counsel for Opposite Party :- G.A.,Pawan Bhaskar Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Himanshu Trigunait, learned counsel for the applicants, Sri Hansraj Verma, the learned AGA for the State, as well as Sri Pawan Bhaskar, 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 application under Section 482 CrPC/528 BNSS has been filed, seeking quashing of the proceeding of Case No.2059 of 2014, summoning order dated 31.03.2014 and charge sheet filed in Case Crime No.0166 of 2012, under Sections 420, 467, 468, 471, 504 and 506 IPC lodged at Police Station Sadatganj, District Lucknow, on the ground that the parties have entered into a settlement. 4. 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 learned Judicial Magistrate-I ATS, Lucknow vide order dated 12.06.2025, copy of which has been annexed with the supplementary affidavit filed today, in compliance of the order dated 30.05.2025 passed by this Court in the instant application. 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. 7. 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 proceeding of Case No.2059 of 2014, summoning order dated 31.03.2014 and charge sheet filed in Case Crime No.0166 of 2012, under Sections 420, 467, 468, 471, 504 and 506 IPC lodged at Police Station Sadatganj, District Lucknow, is hereby quashed. Order Date :- 11.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench