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2025 DAILYLAW 149374 (ALL)

KUNHEY PAL @ DALLA AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 2 OTHERS

A482/5443/2025 · 2025-07-07

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38168 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5443 of 2025 Applicant :- Kunhey Pal @ Dalla And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 2 Others Counsel for Applicant :- Mohammad Alam Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Mohammad Alam, the learned counsel for the applicants, Sri Mohd. Asif Khan, the learned A.G.A.-I for the State and Sri Mohd. Asif Siddiqui, Advocate, who has put in appearance on behalf of opposite party no.2 and filed his vakalatnama, which is taken on record. Counter affidavit filed by 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./528 BNSS, the applicants have sought quashing of the charge sheet no.26, dated 07.04.1999, summoning order dated 09.02.2000 along with entire proceedings of Criminal Case No.47 of 2017, arising out of Case Crime No.130-A/1995, under Sections 147, 148, 353, 504, 308 I.P.C. Police Station Gudamba, District Lucknow, pending in the Court of Special Judicial Magistrate CBCID/Civil Judge, South, Lucknow on the ground that the parties have entered into a compromise. 3. The incident took place in the year 1995 regarding which F.I.Rs. were filed from both the sides against each other. In spite of pendency of the matter for about three decades even charges have not been framed by the trial court till date. Meanwhile, the parties have arrived at a settlement and copy of the settlement dated 21.06.2025 has been annexed with the affidavit wherein the parties have stated they have resolved their disputes amicably and both of them want closure of the criminal proceedings instituted by them against each other. 4. The opposite party no.2 has filed a counter affidavit accepting the compromise and supporting the prayer for quashing of the criminal proceedings. 5. The offence involved in the present case does not fall within the category of grievous and heinous offences against the society and the disputes involved are private in nature, which have been amicably settled between the parties and such proceedings can be quashed on the basis of compromise 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 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 proceedings of impugned charge sheet no.26, dated 07.04.1999, summoning order dated 09.02.2000 along with entire proceedings of Criminal Case No.47 of 2017, arising out of Case Crime No.130-A/1995, under Sections 147, 148, 353, 504, 308 I.P.C. Police Station Gudamba, District Lucknow, pending in the Court of Special Judicial Magistrate CBCID/Civil Judge, South, Lucknow are hereby quashed. . [Subhash Vidyarthi, J.] Order Date :- 7.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench