SARASWATI LOUDHI AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. U.P. AND ANOTHER
A482/4805/2025 · 2025-07-17
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143398 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143398 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41448 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4805 of 2025 Applicant :- Saraswati Loudhi And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And Another Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.,Arif Hussain Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ashutosh, the learned counsel for the applicants, Sri Ashok Srivastava, the learned A.G.A. for the State and Sri Arif Hussain, learned counsel for the opposite party No. 2. Supplementary affidavit filed by learned counsel for the applicants, 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 Case No. 112299 of 2023, arising out of Case Crime No. 122/2022, under Sections 147, 323, 452 IPC, Police Station Sushant Golf City, District Lucknow, as well as charge- sheet dated 25.07.2022, as well as the cognizance and summoning order dated 12.10.2023 passed in the aforesaid case, on the basis of compromise dated 05.04.2025 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-SA-2 to the application. The parties have confirmed the terms of the compromise. Compromise between the parties has been verified by Chief Judicial Magistrate, Lucknow vide order dated 04.07.2025 in compliance of the order dated 04.06.2025 passed
by a Co-ordinate Bench of this Court in Application u/s 482 No. 4805 of 2025. 4. Opposite party No. 2 does not have any objection, if the impugned proceedings are quashed against the applicants. 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 proceedings of Case No. 112299 of 2023, arising out of Case Crime No. 122/2022, under Sections 147, 323, 452 IPC, Police Station Sushant Golf City, District Lucknow, are quashed. Order Date :- 17.7.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench