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2025 DAILYLAW 149899 (ALL)

SANTOSH KUMAR SHUKLA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/5492/2025 · 2025-07-08

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38752 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5492 of 2025 Applicant :- Santosh Kumar Shukla And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Rajeev Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Rajeev Kumar Dwivedi, the learned counsel for the applicants, Sri Manish Vikram Singh Chauhan, the learned A.G.A. appearing on behalf of the State and perused the records. 2. By means of the instant application filed under Section 482 Cr.P.C./Section 528 BNSS, the applicants have prayed for quashing of the entire proceedings of Criminal Case No.2973 of 2023: State Vs. Shiv Prasad and another, arising out of Case Crime No.0076 of 2023, under Sections 308, 452, 323, 427, 504, 506 I.P.C. Police Station Kotwali Dehat, District Sultanpur, pending in the Court of learned Additional Chief Judicial Magistrate-Ist, Court No.17, Sultanpur. 3. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at the compromise. Compromise entered into between the parties have been placed on record as Annexure-6 to the petition. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by the learned learned Additional Chief Judicial Magistrate-Ist, Court No.17, Sultanpur order dated 08.04.2025 in compliance of the order dated 11.03.2025 passed by this Court in Application u/s 482 No.2272 of 2025. 4. I have considered the submissions of learned counsel for the parties. 5. 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 proceedings in pursuance of the criminal proceedings would be an exercise in futility. 6. 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 petition is allowed and proceedings of Criminal Case No.2973 of 2023: State Vs. Shiv Prasad and another, arising out of Case Crime No.0076 of 2023, under Sections 308, 452, 323, 427, 504, 506 I.P.C. Police Station Kotwali Dehat, District Sultanpur, pending in the Court of learned Additional Chief Judicial Magistrate-Ist, Court No.17, Sultanpur 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