UTSAV GUPTA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NA528/705/2025 · 2025-07-10
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149883 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149883 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39524 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 705 of 2025 Applicant :- Utsav Gupta And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Arun Sinha,Ram Chandra Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Siddharth Sinha, the learned counsel for the applicants, Sri Amit Kumar Dwivedi, the learned A.G.A. for the State and Sri Ankuar Singh, 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 the 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 for quashing of impugned charge sheet, cognizance order dated 26.05.2025 along with entire proceedings of Case No.8935 of 2025, arising out of Case Crime No.05 of 2025, under Sections 69 B.N.S. (313 I.P.C.), 352 B.N.S. (504 I.P.C.) Police Station Palia, District Kheri, pending in the court of learned Chief Judicial Magistrate, Kheri. 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. A copy of compromise deed has been placed on record as Annexure No.11 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, cognizance order dated 26.05.2025 along with entire proceedings of Case No.8935 of 2025, arising out of Case Crime No.05 of 2025, under Sections 69 B.N.S. (313 I.P.C.), 352 B.N.S. (504 I.P.C.) Police Station Palia, District Kheri, pending in the court of learned Chief Judicial Magistrate, Kheri are hereby quashed. Order Date :- 10.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench