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2025 DAILYLAW 147995 (ALL)

ANKUL SINGH AND ANOTHER v. THE STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/5248/2025 · 2025-07-04

Subhash Vidyarthi

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37780 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5248 of 2025 Applicant :- Ankul Singh And Another Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Counter affidavit filed by Sri Ashutosh Sachan, the learned counsel for opposite party no.2 is taken on record. 2. Heard Sri Ajeet Kumar Singh, the learned counsel for the applicants, Sri Diwaker Singh, the learned A.G.A for the State and Sri Ashutosh Sachan, the learned counsel for the opposite party no. 2. 3. By means of the instant application filed under Section 482 Cr.P.C, the applicants have sought quashing of the entire proceedings of Case Crime No.193 of 2024, under Sections 498A, 323, 504, 506 IPC and Section 3/4 of DP Act, Police Station- Sandana, District- Sitapur including the charge sheet dated 14.06.2024 and summoning order dated 20.12.2024 passed by the Additional Chief Judicial Magistrate-II, Sitapur in the aforesaid case, on the ground that the parties have entered into a compromise. 4. The applicant no.1 is husband of the opposite party no.2, the F.I.R was lodged because of some matrimonial dispute and the parties have entered into a settlement deed dated 12.02.2024, which has been annexed with the application, as per which both the parties are living together happily. 5. The opposite party no.2 has filed a short counter affidavit admitting the factum of compromise and has given her consent for proceedings being quashed on the basis of compromise. 6. 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 criminal proceedings would be an exercise in futility. 7. 7. In view of the fact that the parties have settled their dispute by way of compromise arrived at between the parties and the law laid down by the Supreme Court of India, the present petition is allowed and chargesheet dated 14.06.2024 and summoning order dated 20.12.2024 passed by the learned Additional Chief Judicial Magistrate-II, Sitapur are hereby quashed. (Subhash Vidyarthi,J.) Order Date :- 4.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench