ARPIT DUBEY AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO AND ANOTHER
A482/4755/2025 · 2025-07-11
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 144141 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144141 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39809 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4755 of 2025 Applicant :- Arpit Dubey And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And Another Counsel for Applicant :- Prem Prakash Singh Counsel for Opposite Party :- G.A.,Mohd. Raziullah,Zartab Qamar Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Prem Prakash Singh, the learned counsel for the applicants, Sri Angad Kumar Vishwakarma, the learned AGA for the State, as well as Sri Mohd. Raziullah, the learned counsel for the opposite party no. 2, and perused the record.
2. The instant petition under Section 482 CrPC/528 BNSS has been filed, seeking quashing of the proceeding of Criminal Case No.504 of 2021 (State Vs. Arpit Dubey and another) arising out of Case Crime No.0215 of 2018, under Sections 379 and 411 IPC lodged at Police Station Jalalpur, District Ambedkarnagar, pending in the Court of learned Chief Judicial Magistrate, Ambedkarnagar, on the ground that the parties have entered into a compromise.
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 application. The parties have confirmed the terms of the compromise.Compromise has been verified between the parties by the learned Chief Judicial Magistrate, Ambedkarnagar vide
order dated 12.06.2025, copy of which has been annexed with the supplementary affidavit dated 21.06.2025 filed by the
applicants, in compliance of the order dated 30.05.2025 passed by this Court.
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. 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 proceeding of Criminal Case No.504 of 2021 (State Vs. Arpit Dubey and another) arising out of Case Crime No.0215 of 2018, under Sections 379 and 411 IPC lodged at Police Station Jalalpur, District Ambedkarnagar, pending in the Court of learned Chief Judicial Magistrate, Ambedkarnagar, is hereby quashed.
Order Date :- 11.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench