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2025 DAILYLAW 150343 (ALL)

MAHMOOD ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/5577/2025 · 2025-07-10

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39499 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5577 of 2025 Applicant :- Mahmood Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Mohd. Faisal,Samreen Irfan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Mohd. Faisal, the learned counsel for the applicants, Sri Angad Kumar Vishwakarma, the learned A.G.A. appearing on behalf of the State and Sri Usman Khan, Advocate who has put in appearance on behalf of the opposite party no.2 and filed his vakalatnama, which is taken on record. 2. By means of the instant application filed under Section 482 Cr.P.C./Section 528 B.N.S.S. the applicants have sought for impugned charge sheet dated 23.08.2022, summoning order dated 08.12.2022 along with entire proceedings of Case No.122231 of 2022, arising out of Case Crime No.186 of 2022, under Section 323/427/452/504/506 I.P.C. Police Station Chowk, District Lucknow, pending in the Court of learned Additional Chief Judicial Magistrate (A.P.), 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. 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 Additional Chief Judicial Magistrate (A.P.), Lucknow vide order dated 25.06.2025 in compliance of the order dated 13.06.2025 passed by this Court in Application u/s 482 No.5005 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. 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 impugned charge sheet dated 23.08.2022, summoning order dated 08.12.2022 along with entire proceedings of Case No.122231 of 2022, arising out of Case Crime No.186 of 2022, under Section 323/427/452/504/506 I.P.C. Police Station Chowk, District Lucknow, pending in the Court of learned Additional Chief Judicial Magistrate (A.P.), Lucknow are hereby quashed. Order Date :- 10.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench