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2025 DAILYLAW 143728 (ALL)

AMARENDRA KUMAR VERMA AND 6 OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/4684/2025 · 2025-07-11

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39812 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4684 of 2025 Applicant :- Amarendra Kumar Verma And 6 Others Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Dinesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dinesh Singh, the learned counsel for the applicants, Sri Diwakar Singh, the learned AGA for the State, as well Sri Neeraj Pal, Advocate, who has filed his vakalatnama on behalf of opposite party no.2, and perused the record. The vakalatnama is taken on record. 2. The instant petition under Section 482 CrPC/528 BNSS has been filed, seeking quashing of charge sheet no. 1 dated 17.09.2023 filed in Case Crime No.0100 of 2023, under Sections 498-A, 323, 406, 504 and 506 IPC read with Section 3/4 D.P. Act lodged at Police Station Mahila Thana, District Ambedkar Nagar, pending in the Court of Civil Judge (J.D.) FTC 1st/Judicial Magistrate, Ambedkar Nagar. 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 petition. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by the learned Civil Judge, J.D., Fast-I/J.M. (Offence against Women), Ambedkar Nagar vide order dated 20.05.2025 in compliance of the order dated 20.12.2024 passed by this Court in Application u/s 482 No.11802 of 2024. By the compromise the parties have resolved the dispute and they have decided to live together. 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 impugned charge sheet no. 1 dated 17.09.2023 filed in Case Crime No.0100 of 2023, under Sections 498-A, 323, 406, 504 and 506 IPC read with Section 3/4 D.P. Act lodged at Police Station Mahila Thana, District Ambedkar Nagar, pending in the Court of Civil Judge (J.D.) FTC 1st/Judicial Magistrate, Ambedkar Nagar, is hereby quashed. Order Date :- 11.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench