KUSUM AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/5410/2025 · 2025-07-04
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149165 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149165 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:38038 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5410 of 2025 Applicant :- Kusum And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Armendra Pratap Singh Counsel for Opposite Party :- G.A.,Ram Kumar Yadav Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Armendra Pratap Singh, the learned counsel for the applicant and Sri Shikhar Srivastava, the learned A.G.A for the State and Sri Adarsh Kumar, Advocate holding brief of Sri Ram Kumar Yadav, the learned counsel for the opposite party no. 2, who has filed a short counter affidavit which is taken on record. 2. The instant application has been filed under Section 482 Cr.P.C, the applicant has sought quashing of the entire proceedings of Crl. Case No.3159 of 2018 arising out of impugned charge-sheet dated 25.03.2017 in Case Crime No. 381 of 2016, under Sections 147, 452, 323, 336, 504, 506 I.P.C, Police Station Indra Nagar, District Lucknow pending in the court of Ld. Additional Chief Judicial Magistrate-II, Lucknow on the basis of compromise 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 has been placed on record as Annexure-CA-1 to the counter affidavit. The parties have confirmed the terms of compromise. 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.
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 proceedings of Crl. Case No.3159 of 2018 arising out of impugned charge-sheet dated 25.03.2017 in Case Crime No. 381 of 2016, under Sections 147, 452, 323, 336, 504, 506 I.P.C, Police Station Indra Nagar, District Lucknow pending in the court of Ld. Additional Chief Judicial Magistrate-II, Lucknow are quashed. . (Subhash Vidyarthi,J.) Order Date :- 4.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench