ARPIT KANNAUJYA @ MONU KANNAUJIYA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/5542/2025 · 2025-07-09
Subhash Vidyarthi
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 150372 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150372 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:38963 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5542 of 2025 Applicant :- Arpit Kannaujya @ Monu Kannaujiya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Kapil Dev Chaubey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Kapil Dev Chaubey, the learned counsel for the applicant, Sri Mayank Singh, the learned A.G.A. appearing on behalf of the State and Sri Saket Kumar Gupta, 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 01.10.2015 along with entire proceedings of Criminal Case No.9160 of 2016, arising out of Case Crime No.762 of 2015, under Section 323, 504, 506 I.P.C. Police Station Thakurganj, District Lucknow pending in the Court of learned Additional Chief Judicial Magistrate Vth, Court no.24, 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. 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 06.12.2024 in compliance of the order dated 18.11.2024 passed by this Court in Application u/s 482 No.10297 of 2024. 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 01.10.2015 along with entire proceedings of Criminal Case No.9160 of 2016, arising out of Case Crime No.762 of 2015, under Section 323, 504, 506 I.P.C. Police Station Thakurganj, District Lucknow pending in the Court of learned Additional Chief Judicial Magistrate Vth, Court no.24, 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