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2025 DAILYLAW 147138 (ALL)

ANOOP KUMAR VIMAL AND 3 OTHERS v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. HOME DEPTT. U.P. LKO. AND ANOTHER

A482/5152/2025 · 2025-08-20

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48853 Court No. - 14 Case :- APPLICATION U/S 482 No. - 5152 of 2025 Applicant :- Anoop Kumar Vimal And 3 Others Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Pravin Kumar Verma,Vikas Gautam Counsel for Opposite Party :- G.A.,Santosh Kumar,Sumesh Srivastava Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the parties and perused the record. Supplementary affidavit, filed on behalf of the applicants, is taken on record. 2. The instant application has been filed seeking quashing of the entire proceedings of Case No.22908/2016 (State Vs. Anoop Kumar Vimal and others), arising out of Case Crime No.0439/2014, under Sections 498-A, 323, 504 and 506 IPC read with Section 3/4 D.P. Act lodged at Police Station Aashiyana, District Lucknow, pending in the Court of learned Additional Chief Judicial Magistrate, CBI (A.P.), Lucknow, to quash the charge-sheet dated 29.11.2015 and to quash the cognizance/summoning order dated 11.05.2016 on the ground that the parties have arrived at a compromise/settlement. 3. Learned counsels for the parties submit that the parties have settled their dispute amicably outside the Court and they have arrived at a compromise. The 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. The compromise has been verified between the parties by learned Additional Chief Judicial Magistrate (A.P.), Lucknow vide order dated 22.07.2025 in compliance of the order dated 27.06.2025 passed by this Court in the present application. 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 instant application is allowed and the entire proceedings of Case No.22908/2016 (State Vs. Anoop Kumar Vimal and others), arising out of Case Crime No.0439/2014, under Sections 498-A, 323, 504 and 506 IPC read with Section 3/4 D.P. Act lodged at Police Station Aashiyana, District Lucknow, pending in the Court of learned Additional Chief Judicial Magistrate, CBI (A.P.), Lucknow, including the charge-sheet dated 29.11.2015 and the cognizance/summoning order dated 11.05.2016 are hereby quashed. 7. The compromise deed shall be part of this order. 8. Consign to record. [Shree Prakash Singh,J.] Order Date :- 20.8.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench