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2025 DAILYLAW 147390 (ALL)

GAYASUDDEEN AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

A482/5295/2025 · 2025-07-01

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37077 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5295 of 2025 Applicant :- Gayasuddeen And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Arshad Siddiqui,Shafaq Fatima Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Arshad Siddiqui, learned counsel for the applicants, Sri Diwakar Singh, the learned A.G.A. for the State, Sri Vaibhav Chauhan, learned counsel for opposite parties no. 2 & 3 and perused the record. Short counter affidavit filed by the learned counsel for opposite parties No.2 & 3 is taken on record. 2. By means of the instant application filed under Section 482 Cr.P.C./ 528 BNSS, the applicants have sought quashing of the charge sheet no. 1 dated 26.06.2024, summoning order dated 16.11.2024 as well as the entire proceedings of Session Trial No. 2055/2024 arising out of Case Crime No. 277/2024, under Sections 34, 342, 323, 504, 506 IPC & 3(1)(DA)(DHA), 3(2) (VA) SC/ST Act registered at Police Station Ramnagar, District Barabanki pending before Special Judge, SC/ST Act, Barabanki on the basis of compromise arrived at between the parties. 3. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at the compromise on 22.04.2025. Original deed of compromise has been placed on record as Annexure-4 to the application. The learned counsel for the parties have confirmed the terms of the compromise. 4. The learned counsel for the opposite party No.2 does not have any objection, if the impugned proceedings are quashed against the applicant and the opposite party no.2 supports the application. 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 charge sheet no. 1 dated 26.06.2024, summoning order dated 16.11.2024 as well as the entire proceedings of Session Trial No. 2055/2024 arising out of Case Crime No. 277/2024, under Sections 34, 342, 323, 504, 506 IPC & 3(1)(DA)(DHA), 3(2)(VA) SC/ST Act registered at Police Station Ramnagar, District Barabanki pending before Special Judge, SC/ST Act, Barabanki, are hereby quashed. Order Date :- 1.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench