MOHD. AZAD AND 5 OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER
NA528/725/2025 · 2025-07-10
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150646 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150646 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39466 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 725 of 2025 Applicant :- Mohd. Azad And 5 Others Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Narendra Gupta,Mohammad Salim Khan,Mohammad Suhail Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Narendra Gupta, the learned counsel for the applicants, Sri Satyendra Srivastava, the learned A.G.A. for the State and Sri Brijesh Kumar, Advocate holding brief of Sri Alok Mishra 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 impugned charge sheet dated 27.11.2024, summoning order dated 20.05.2025 along with proceedings of Criminal Case No.41 of 2025, arising out of Case Crime No.0337 of 2024, under Sections 115(2), 352, 351(3), 85 B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station Kamlapur, District Sitapur, pending in the Court of learned Ist Additional Civil Judge (J.D.)/Judicial Magistrate, Sitapur. 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. Compromise deed has been placed on record as Annexure-4 to the application. The parties have
confirmed the terms of compromise.The parties have agreed to reside together after resolving their disputes. 4. Opposite party No.2 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. 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 charge sheet dated 27.11.2024, summoning order dated 20.05.2025 along with proceedings of Criminal Case No.41 of 2025, arising out of Case Crime No.0337 of 2024, under Sections 115(2), 352, 351(3), 85 B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station Kamlapur, District Sitapur, pending in the Court of learned Ist Additional Civil Judge (J.D.)/Judicial Magistrate, Sitapur are quashed. Order Date :- 10.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench