LALLAN PANDEY AND 2 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER
A482/5448/2025 · 2025-07-18
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149443 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149443 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41413 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5448 of 2025 Applicant :- Lallan Pandey And 2 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mohd.Asif Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Mohd.Asif Siddiqui, the learned counsel for the applicants, Sri Ashok Kumar Srivastava, the learned A.G.A. for the State and Sri Mohd. Alam, 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 04.02.2000, the summoning order dated 09.02.2000 as well as the entire proceedings of Criminal Case No.119 of 2017 arising out of Case Crime No.130/1995 under Sections 147/148/149/353/504/307 IPC relating to Police Station- Gudamba, Lucknow pending in the Court of Ld. Spl. J.M. C.B.C.I.D./Civil Judge South, Lucknow. 3. The aforesaid case was instituted on the basis of an FIR lodged on 30.05.1995 stating that because of a property dispute, the applicant No.3 fired with a revolver and the bullet hit one Radheyshayam in his hand. 4. After investigation, a charge-sheet was submitted in the year
2000. 5. The learned counsel for the applicant and the learned counsel for the opposite party No.2 jointly made a statement at bar that the trial has not even been committed to the Session Court till date. Even before committal, the parties have entered into a settlement for agreeing for termination of the criminal proceedings. 6. The opposite party No.2 has filed a short counter affidavit accepting the compromise and supporting the prayer for quashing of the proceedings. 7. Having considered the aforesaid facts and circumstances of the case, it appears that although the FIR and the charge-sheet makes a mention of Section 307 IPC, the injury suffered in the incident was on the hand, which is not a vital part of the body. The incident took place in the year 1995 i.e. about three decades ago and the trial has not even been committed to the Session Court till date, in these circumstances, when the parties have arrived at an amicably settlement agreeing for closure for the proceedings, I am of the view that the proceedings deserves to be quashed. 8.
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. 9. 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 charge-sheet dated 04.02.2000, the summoning order dated 09.02.2000 as well as the entire proceedings of Criminal Case No.119 of 2017 arising out of Case Crime No.130/1995 under Sections 147/148/149/353/504/307 IPC relating to Police Station- Gudamba, Lucknow pending in the Court of Ld. Spl. J.M. C.B.C.I.D./Civil Judge South, Lucknow are quashed . (Subhash Vidyarthi,J.) Order Date :- 18.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench