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2025 DAILYLAW 150317 (ALL)

ANEETA DEVI AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. U.P. LKO. AND ANOTHER

A482/5548/2025 · 2025-07-09

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38928 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5548 of 2025 Applicant :- Aneeta Devi And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. U.P. Lko. And Another Counsel for Applicant :- Pramod Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Pramod Kumar Pandey, the learned counsel for the applicants, Sri Manish Kumar Pandey, the learned A.G.A. appearing on behalf of the State and Sri Vishank Pathak, Advocate who has put in appearance on behalf of the opposite party no.2 and filed his vakalatnama, which is taken on record. By means of the instant application filed under Section 482 Cr.P.C./Section 528 BNSS the applicants have prayed for quashing of charge sheet no.1 of 2022, dated 28.11.2022, along with entire proceedings of Case No.110881 of 2023 arising out of Case Crime No.409 of 2022, under Sections 385, 504, 427 I.P.C. Police Station Sushant Golf City, District Lucknow, pending in the court of learned Chief Judicial Magistrate, Lucknow. 3. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at the compromise. A copy of compromise entered into between the parties have been placed on record as Annexure-4 to the petition. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by learned Chief Judicial Magistrate, Lucknow vide order dated 23.06.2025 in compliance of the order dated 20.05.2025 passed by this Court in Application u/s 482 No.4213 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 the impugned charge sheet no.1 of 2022, dated 28.11.2022, along with entire proceedings of Case No.110881 of 2023 arising out of Case Crime No.409 of 2022, under Sections 385, 504, 427 I.P.C. Police Station Sushant Golf City, District Lucknow, pending in the court of learned Chief Judicial Magistrate, Lucknow are hereby quashed. . [Subhash Vidyarthi, J.] Order Date :- 9.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench