FARHAN ZAFAR KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/5288/2025 · 2025-07-01
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147933 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147933 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37164 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5288 of 2025 Applicant :- Farhan Zafar Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Syed Waqar Husain,Salman Abbas,Shahnaz Bano Counsel for Opposite Party :- G.A.,Syed Saheen Fatima Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Salman Abbas, the learned counsel for the applicant, Ms. Kamlesh Kumari, learned A.G.A. for the State and Ms. Sayed Saheen Fatima, the learned counsel for the opposite party no.2 and perused the 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 charge sheet, summoning order dated 09.11.2023 as well as the entire criminal proceedings, including, arising out of Crime No. 112 of 2022, under Sections 498A, 323 IPC & 3/4 DP Act, Police Station Indira Nagar, District Lucknow pending in the court of Additional Chief Judicial Magistrate-II, Court No. 26, Lucknow, on the basis of a settlement arrived at 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 on 19.06.2025. The original compromise deed has been placed on record as Annexure-4 to the affidavit filed in support of 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 applicant and the opposite party no.2 supports the application. 5.
Considering the fact that the dispute between the parties is of private nature and it does not affect the public at large and 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 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 application is allowed and the charge sheet, summoning
order dated 09.11.2023 as well as the entire criminal proceedings arising out of Crime No. 112 of 2022, under Sections 498A, 323 IPC & 3/4 DP Act, Police Station Indira Nagar, District Lucknow pending in the court of Additional Chief Judicial Magistrate-II, Court No. 26, Lucknow are quashed.
Order Date :- 1.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench