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2025 DAILYLAW 148213 (ALL)

SMT. SHAHEEN JAHAN AND ANOTHER v. STATE OF U.P. THRU. THE ADDL. CHIEF SECY. HOME AND ANOTHER

A482/5302/2025 · 2025-07-01

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37140 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5302 of 2025 Applicant :- Smt. Shaheen Jahan And Another Opposite Party :- State Of U.P. Thru. The Addl. Chief Secy. Home And Another Counsel for Applicant :- Sadhu Sharan Chaubey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sadhu Sharan Chaubey, learned counsel for the applicants, Sri Hansraj Verma, learned A.G.A. for the State and Sri Rajesh Kumar Singh, 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. 01 dated 29.12.2021, cognizance/ summoning order dated 11.06.2025 as well as the entire criminal proceedings arising out of Case Crime No. 0192/2021, under Sections 147, 323, 504, 506 IPC, Police Station Saadatganj, District Lucknow pending in the court of Judicial Magistrate, First Class/A.T.S., 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 settlement/compromise on 10.05.2025. A photostat copy of settlement/compromise deed has been placed on record as Annexure-3 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 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 settlement/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. 01 dated 29.12.2021, cognizance/ summoning order dated 11.06.2025 as well as the entire criminal proceedings arising out of Case Crime No. 0192/2021, under Sections 147, 323, 504, 506 IPC, Police Station Saadatganj, District Lucknow pending in the court of Judicial Magistrate, First Class/A.T.S., Lucknow, are quashed. Order Date :- 1.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench