SANJAY GUPTA @ RAHUL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER
A482/5264/2025 · 2025-07-10
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147726 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147726 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39518 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5264 of 2025 Applicant :- Sanjay Gupta @ Rahul And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Atul Kumar, the learned counsel for the applicants, Sri Ashok Srivastava, the learned A.G.A. for the State and Sri Dharmendra Gupta, 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 summoning
order dated 18.05.2019 passed by A.C.J.M.-VI, Lucknow as well as the entire proceedings of Case Crime No. 159 of 2018 under Sections 498-A, 323, 504 IPC & 3/4 of D.P. Act, Police Station Gosaiganj, Lucknow on the basis of compromise entered into between the parties.
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 dated 26.05.2025 has been placed on record as Annexure-5 to the application. The parties have confirmed the terms of compromise and they have agreed to settle their dispute by way of a decree of divorce by mutual consent.
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 the summoning order dated 18.05.2019 passed by A.C.J.M.-VI, Lucknow as well as the entire proceedings of Case Crime No. 159 of 2018 under Sections 498-A, 323, 504 IPC & 3/4 of D.P. Act, Police Station Gosaiganj, Lucknow are quashed. . (Subhash Vidyarthi,J.)
Order Date :- 10.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench