NITIN GUPTA v. STATE OF U.P. THRU. ADDL.CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER
A482/5500/2025 · 2025-07-08
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150112 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150112 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:38719 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5500 of 2025 Applicant :- Nitin Gupta Opposite Party :- State Of U.P. Thru. Addl.Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Mohd. Naeem Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Mohd. Naeem, the learned counsel for the applicant, Sri Angad Kumar Vishwakarma, the learned A.G.A. for the State and Sri S.A. Khan, the learned counsel for opposite party No.2 and perused the record. 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 applicant has sought quashing of the impugned charge sheet dated 03.01.2016, summoning order dated 11.02.2015 along with entire proceedings of Criminal Case No.106 of 2015, arising out of Case No.89 of 2014, under Sections 406, 420, 504, 506 I.P.C. Police Station Banthara, District Lucknow pending in the Court of learned Additional Chief Judicial Magistrate, Court No.31, Lucknow. 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. 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 the impugned charge sheet dated 03.01.2016, summoning order dated 11.02.2015 along with entire proceedings of Criminal Case No.106 of 2015, arising out of Case No.89 of 2014, under Sections 406, 420, 504, 506 I.P.C. Police Station Banthara, District Lucknow pending in the Court of learned Additional Chief Judicial Magistrate, Court No.31, Lucknow are quashed. . [Subhash Vidyarthi, J.] Order Date :- 8.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench