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2025 DAILYLAW 148041 (ALL)

ABDUL SALAM AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO AND ANOTHER

A482/5304/2025 · 2025-07-01

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37129 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5304 of 2025 Applicant :- Abdul Salam And 3 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Rohit Kumar Tripathi,Divya Singh,Rama Soni Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Rohit Kumar Tripathi, learned counsel for the applicants, Ms. Shikha Sinha, learned AGA-I for the State and Sri Ankit Singh, 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 no. 88/2005 dated 31.08.2005, cognizance order dated 12.06.2006, non bailable warrant dated 09.06.2025 as well as the entire criminal proceedings of Session Trial No. 75/2007 arising out of Case Crime/FIR No. 284/2005, under Sections 323/ 504/ 506 IPC, 3(1)X SC/ST Act, POlice Station Kadipur, District Sultanpur pending before the court of Additional District Judge-II, SC/ST Act, District Sultanpur 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 08.05.2025. True electrostat copy of compromise deed has been placed on record as Annexure-1 to the short counter affidavit. 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 no. 88/2005 dated 31.08.2005, cognizance order dated 12.06.2006, non bailable warrant dated 09.06.2025 as well as the entire criminal proceedings of Session Trial No. 75/2007 arising out of Case Crime/FIR No. 284/2005, under Sections 323/ 504/ 506 IPC, 3(1)X SC/ST Act, POlice Station Kadipur, District Sultanpur pending before the court of Additional District Judge-II, SC/ST Act, District Sultanpur, are quashed. Order Date :- 1.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench