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2025 DAILYLAW 149348 (ALL)

MOHAMMAD ASHARAF ALI @ ASHARAF ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/6467/2024 · 2025-07-25

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6467 of 2024 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Pradyuman Shukla, the learned counsel for the applicants, Sri Nagarjun Pandey, the learned State Counsel and Sri Dharmendra Gupta, Advocate holding brief of Sri Narendra Gupta, the learned counsel for opposite party No.2. 2. By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of the entire proceedings of Criminal Case No.26887 of 2021 arising out of the Case Crime No.149 of 2020 under Sections 498-A/323/504/506 IPC and 3/4 D.P. Act relating to Police Station- Sarojini Nagar, District- Lucknow as well as charge-sheet dated 19.11.2020, the summoning order dated 05.07.2021 and the non-bailable warrant dated 11.03.2024 passed by the learned Judicial Magistrate-III, Lucknow. 3. The matter was referred to the Mediation and Conciliation Centre of this Court by means of an order dated 25.07.2024. On 06.03.2025, the Mediation Centre has submitted a report stating that the parties have arrived at a settlement agreement, which has been forwarded to this Court. It is recorded in the settlement agreement that the parties have resolved their dispute, the applicant has agreed to pay Rs.7 Lakhs to the opposite party No.2 Versus Counsel for Applicant(s) : Pradyumn Shukla, Qasim Abbas Zaidi Counsel for Opposite Party(s): G.A., Arti Gupta, Narendra Gupta, Ravendra Pratap Singh Mohammad Asharaf Ali @ Asharaf Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) towards full and final settlement amount and the opposite party No.2 has agreed for closure of all the cases including the criminal case instituted by her. 4. Opposite party No.2 has agreed the terms of settlement agreement and 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 a nother :(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. 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 entire proceedings of Criminal Case No.26887 of 2021 arising out of the Case Crime No.149 of 2020 under Sections 498-A/323/504/506 IPC and 3/4 D.P. Act relating to Police Station- Sarojini Nagar, District- Lucknow as well as charge-sheet dated 19.11.2020, the summoning order dated 05.07.2021 and the non-bailable warrant dated 11.03.2024 passed by the learned Judicial Magistrate-III, Lucknow are quashed. July 25, 2025 -Amit K- A482 No. 6467 of 2024 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench