VINAY YADAV AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
A482/4802/2025 · 2025-07-18
Subhash Vidyarthi
body2025
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[ 2025 DAILYLAW 144115 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144115 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41388 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4802 of 2025 Applicant :- Vinay Yadav And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Upmanyu Srivastava,Syed Gazanfer Haider Rizvi Counsel for Opposite Party :- G.A.,Lakshmi Kant Tripathi Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Upmanyu Srivastava, the learned counsel for the applicants, Sri Ashok Kumar Srivastava, the learned A.G.A. for the State and Sri Lakshmi Kant Tripathi, the learned counsel for opposite party No.4 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 summoning
order dated 02.12.2023 as well as the entire proceedings of Criminal Case No.127790 of 2023 arising out of Case Crime No.199/2023 under Sections 323/504/506/427/325 IPC relating to Police Station- Gomti Nagar Vistar, Lucknow pending in the Court of Ld. CJM, Lucknow.
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 petition. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by Chief Judicial Magistrate, Lucnkow vide order dated 17.07.2025 in compliance of the order dated 04.06.2025 passed by this Court in Application u/s 482 No.4802 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 the summoning order dated 02.12.2023 as well as the entire proceedings of Criminal Case No.127790 of 2023 arising out of Case Crime No.199/2023 under Sections 323/504/506/427/325 IPC relating to Police Station- Gomti Nagar Vistar, Lucknow pending in the Court of Ld. CJM, Lucknow are quashed. . (Subhash Vidyarthi,J.)
Order Date :- 18.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench