SONU DUBEY @ DEVENDRA DUBEY @ DEVENDRA KUMAR DUBEY AND 5 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER
A482/5231/2025 · 2025-07-02
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147692 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147692 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37210 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5231 of 2025 Applicant :- Sonu Dubey @ Devendra Dubey @ Devendra Kumar Dubey And 5 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Aditya Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Aditya Verma, the learned counsel for the applicants, Sri Ashok Kumar Srivastava, the learned A.G.A. for the State and Sri Ankush Pandey, Advocate who has put in appearance on behalf of the opposite party no.2 and filed his vakalatnama, which is taken on record. Short counter affidavit filed by the learned counsel for opposite party No.2 is taken on record. 2. By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of the entire proceedings of Sessions Trial No.6737 of 2021, arising out of Case Crime No.116 of 2021, under Sections 323, 504, 506, 452, 307, 34 I.P.C. registered at Police Station Chanda, District Sultanpur pending in the Court of Additional Chief Judicial Magistrate-17, Sultanpur. 3. Learned counsel for the parties submit that the parties have settled their dispute amicably outside the Court and they have arrived at a compromise. Compromise deed has been placed on record as Annexure-4 to the application. The learned counsel for the parties have confirmed the terms of compromise. 4. The learned counsel for the 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.
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 proceedings of Sessions Trial No.6737 of 2021, arising out of Case Crime No.116 of 2021, under Sections 323, 504, 506, 452, 307, 34 I.P.C. registered at Police Station Chanda, District Sultanpur pending in the Court of Additional Chief Judicial Magistrate-17, Sultanpur are quashed. . [Subhash Vidyarthi, J.] Order Date :- 2.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench