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2025 DAILYLAW 146919 (ALL)

SACHIN RAWAT AND 6 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO. AND ANOTHER

A482/5140/2025 · 2025-07-16

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41255 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5140 of 2025 Applicant :- Sachin Rawat And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Another Counsel for Applicant :- Shrikant Mishra,Kumar Jaikrit Counsel for Opposite Party :- G.A., Avadhesh Kumar Tripathi Hon'ble Subhash Vidyarthi, J. 1. Heard Sri Shrikant Mishra, the learned counsel for the applicants, Sri Ashok Srivastava, the learned A.G.A. for the State and Sri Avadhesh Kumar Tripathi, the learned counsel for opposite party No. 2 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 criminal proceedings of Session Trial No. 143 of 2022: State Vs Sachin Rawat & others, arising out of FIR /Crime No. 526/2020, under Sections 364-A, 328, 395 & 506 IPC, pending in the Court of Additional District & Session Judge, Court No. 13, Lucknow against the applicants No. 1, 2 & 3 namely Sachin Rawat, Kahkasha Khan @ Neeshu and Balram Verna, as well as summoning order dated 08/03/2021, issued by the Chief Judicial Magistrate, Lucknow; as well as quashing of the criminal proceedings of Criminal Case No. 52208/2022: State Vs Adil & others, of FIR / Crime No. 526/2020, Under Sections 364-A, 328, 395 & 506 IPC, pending in the Court of Additional Chief Judicial Magistrate-IInd Lucknow against the Applicant Nos. 4, 5, 6 & 7 namely Adil Khan, Nazar Abbas, Sana @ Tabbassum Fatima, Pravesh Jaiswal, as well as summoning order dated 27/05/2022, issued by the Chief Judicial Magistrate, Lucknow. 3. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at a compromise. The compromise deed dated 03.06.2025 entered into between the parties have been placed on record as Annexure-15 to the petition. The parties have confirmed the terms of the compromise. Compromise between the parties has been verified by the Senior Registrar of this Court on 02.07.2025. 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 criminal proceedings of Session Trial No. 143 of 2022: State Vs Sachin Rawat & others, arising out of FIR /Crime No. 526/2020, under Sections 364-A, 328, 395 & 506 IPC, pending in the Court of Additional District & Session Judge, Court No. 13, Lucknow against the applicants No. 1, 2 & 3 namely Sachin Rawat, Kahkasha Khan @ Neeshu and Balram Verna, as well as summoning order dated 08/03/2021, issued by the Chief Judicial Magistrate, Lucknow; as well as quashing of the criminal proceedings of Criminal Case No. 52208/2022: State Vs Adil & others, of FIR / Crime No. 526/2020, Under Sections 364-A, 328, 395 & 506 IPC, pending in the Court of Additional Chief Judicial Magistrate- IInd Lucknow against the Applicant Nos. 4, 5, 6 & 7 namely Adil Khan, Nazar Abbas, Sana @ Tabbassum Fatima, Pravesh Jaiswal, as well as summoning order dated 27/05/2022, issued by the Chief Judicial Magistrate, Lucknow, are hereby quashed. [Subhash Vidyarthi, J.] Order Date :- 16.7.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench