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2025 DAILYLAW 149296 (ALL)

SMT. NAZIMA KHATOON AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

A482/5426/2025 · 2025-07-10

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39239 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5426 of 2025 Applicant :- Smt. Nazima Khatoon And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Chandra Shekhar Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Chandra Shekhar Singh Yadav, the learned counsel for the applicants, Sri Mohd. Asif Khan, the learned A.G.A. for the State and Sri Mohd. Gufran Khan, the learned counsel for opposite party No.2 and perused the record. 2. By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of the charge-sheet dated 20.05.2023, the summoning order dated 07.12.2023 passed by the learned trial Court as well as the entire proceedings of Crl. Case No.132862 of 2023 arising out of Case Crime No.364 of 2022 under Sections 406, 420, 506 IPC, Police Station- Wazirganj, Lucknow on the basis of compromise entered into between the parties. 3. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at the compromise. Compromise entered into between the parties have been placed on record as Annexure-4 to the application. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by the Court of Special Judge ACJM, CBI, Ayodhya vide order dated 15.05.2025 in compliance of the order dated 16.04.2025 passed by this Court in Application u/s 482 No.3226 of 2025. 4. I have considered the submissions of learned counsel for the parties. 5. 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 proceedings in pursuance of the criminal proceedings would be an exercise in futility. 6. 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 petition is allowed and the charge-sheet dated 20.05.2023, the summoning order dated 07.12.2023 passed by the learned trial Court as well as the entire proceedings of Crl. Case No.132862 of 2023 arising out of Case Crime No.364 of 2022 under Sections 406, 420, 506 IPC, Police Station- Wazirganj, Lucknow are hereby quashed. . (Subhash Vidyarthi,J.) Order Date :- 10.7.2025 -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