KULDEEP @ ANKUR AND 10 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER
A482/5559/2025 · 2025-07-16
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150494 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150494 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40519 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5559 of 2025 Applicant :- Kuldeep @ Ankur And 10 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Himanshu Kumar Trivedi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Himanshu Kumar Trivedi, the learned counsel for the applicants, Sri Hansraj Verma, the learned A.G.A. for the State and Sri Farooq Ayoob, Advocate who has put in appearance on behalf of the opposite party no.2 and filed his vakalatnama, which is taken on 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 applicants have sought quashing of the impugned charge sheet dated 11.09.2020 along with entire proceedings of Case No.13526 of 2020, arising out of Case Crime No.0232 of 2020, under Sections 147, 452, 323, 504, 506 & 427 I.P.C. Police Station Jaidpur, District Barabanki, pending in the Court of learned Chief Judicial Magistrate, Court No.18, Barabanki. 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 original compromise dated 05.04.2025 has been annexed with the application, wherein the parties have stated that the F.I.R. has been lodged upon being mislead by some persons and now the opposite party no.2 does not want any proceedings to continue against the applicants. 4. Opposite party No.2 has admitted the factum of compromise
and supported the prayer for quashing of proceedings 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. 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 11.09.2020 along with entire proceedings of Case No.13526 of 2020, arising out of Case Crime No.0232 of 2020, under Sections 147, 452, 323, 504, 506 & 427 I.P.C. Police Station Jaidpur, District Barabanki, pending in the Court of learned Chief Judicial Magistrate, Court No.18, Barabanki are quashed. . [Subhash Vidyarthi, J.] Order Date :- 16.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench