Neutral Citation No. - 2025:AHC-LKO:44878 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6208 of 2025 Applicant :- Aakash Tiwari Alias Himanshu Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Applicant :- Saurabh Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. The counter-affidavit on behalf of opposite party nos. 2-4 has been filed, which is taken on record. 2. Heard Shri Saurabh Yadav, learned counsel for the applicant, Shri Hans Raj Verma, learned A.G.A. and Shri Mehendi Khan, learned counsel for opposite party nos. 2-4. 3. By means of the instant application, the applicant has sought quashing of the Chargesheet dated 25.04.2017 and summoning order dated 26.03.2017 in Sessions Trial No. 725 of 2024, arising out of Case Crime No. 221 of 2017 under Section 364, I.P.C. P.S. Hasanganj, District Lucknow, pending in the court of Special Judge, Ayurved Scam C.B.I., Lucknow, as also the entire proceedings of the said case, on the ground that the parties have arrived at a settlement. Prior to it, the applicant had filed an application under section 482, Cr.P.C., No. 7961 of 2018, which was dismissed by means of an order dated 17.12.2018, but this subsequent application has been filed on a different and new ground of the parties having entered into a settlement. The aforesaid case has been registered on the basis of an FIR lodged by opposite party no. 2 on 26.3.2017 against the applicant and another person, Abhishek Tiwari, stating that the informant received a phone call on 26.03.2017 whereby he was informed that the other accused, Abhishek Tiwari, had kidnapped the informant’s nephew, Saurabh Kashyap. 4. Although the FIR does not state how the informant came to know about the applicant's involvement in the commission of the offense, he stated that he believed that the applicant and Abhishek Tiwari had kidnapped his nephew. After investigation, the investigating officer submitted a charge sheet on 25.4.2017 against the applicant only for the commission of the offense under section 364 IPC. The informant and the victim both have been examined before the trial court and both of them have been declared to be hostile. On 26.05.2025, the parties entered into a settlement, wherein it is recorded that the niece of the informant has married the applicant out of her love. The FIR was lodged because of being misled by some other person. Now the informant’s niece is residing happily with the applicant as wife, and the opposite party nos. 2-4 do not want any proceedings to continue against him. 5. The opposite party nos. 2-4 have admitted the aforesaid facts in the counter affidavit, and have supported the prayer for quashing of the proceedings. 6. I have considered the submissions of learned counsel for the parties. 7. 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. 8. 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 proceedings of the Chargesheet dated 25.04.2017 and summoning order dated 26.03.2017 in Sessions Trial No. 725 of 2024, arising out of Case Crime No. 221 of 2017 under Section 364, I.P.C. P.S. Hasanganj, District Lucknow, pending in the court of Special Judge, Ayurved Scam C.B.I., Lucknow, as also the entire proceedings of the said case, are hereby quashed. (Subhash Vidyarthi, J.) Order Date :- 1.8.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench