SANJAY KUMAR ALIAS KALLU AND 3 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NA528/702/2025 · 2025-07-08
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149755 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149755 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:38718 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 702 of 2025 Applicant :- Sanjay Kumar Alias Kallu And 3 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Arvind Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Arvind Kumar Verma, the learned counsel for the applicants, Sri Hansraj Verma, the learned A.G.A. for the State and Sri Harish Kumar, Advocate, who has put in appearance on behalf of the opposite party no.2 and filed his vakalatnama, which is taken on record. Short 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./Section 528 BNSS, the applicants have sought quashing of the charge sheet no.290/2024, dated 22.08.2024, along with entire proceedings of Criminal Case No.22902 of 2025, arising out of Case Crime No.318 of 2024, under Sections 115(2), 352, 351(2), 126(2), 110 B.N.S. Police Station Tambaur, District Sitapur, pending in the Court of learned Judicial Magistrate-I, Sitapur. 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.Copy of compromise deed has been placed on record as Annexure-5 to the application. 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 impugned charge sheet no.290/2024, dated 22.08.2024, along with entire proceedings of Criminal Case No.22902 of 2025, arising out of Case Crime No.318 of 2024, under Sections 115(2), 352, 351(2), 126(2), 110 B.N.S. Police Station Tambaur, District Sitapur, pending in the Court of learned Judicial Magistrate-I, Sitapur are hereby quashed. . [Subhash Vidyarthi, J.] Order Date :- 8.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench