DEEPAK @ DEEPAK KUMAR TIWARI @ KANHAIYA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
A482/5504/2025 · 2025-07-10
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150205 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150205 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39439 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5504 of 2025 Applicant :- Deepak @ Deepak Kumar Tiwari @ Kanhaiya And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Naveen Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Naveen Kumar Pandey, the learned counsel for the applicants, Sri Amit Kumar Dwivedi, the learned A.G.A. for the State and Sri Lalu Prasad Bhatt, Advocate who has put in appearance on behalf of the opposite party nos.2 and 3 and filed his vakalatnama, which is taken on record. Short counter affidavit filed by the learned counsel for opposite party Nos.2 and 3 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 for quashing of impugned charge sheet dated 02.03.2014, summoning order dated 12.01.2015 along with entire proceedings of Case No.15 of 2015, arising out of Case Crime No.127 of 2013, under Sections 419, 420, 467, 468, 471 I.P.C. Police Station Kotwali Nagar, District Gonda, pending in the Court of learned Chief Judicial Magistrate, Gonda. 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. The copy of compromise deed has been placed on record as Annexure No.4 to the application. The
parties have confirmed the terms of compromise. 4. Opposite party Nos.2 and 3 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 dated 02.03.2014, summoning order dated 12.01.2015 along with entire proceedings of Case No.15 of 2015, arising out of Case Crime No.127 of 2013, under Sections 419, 420, 467, 468, 471 I.P.C. Police Station Kotwali Nagar, District Gonda, pending in the Court of learned Chief Judicial Magistrate, Gonda are hereby quashed. Order Date :- 10.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench