RAJAN ALIAS ARVIND KUMAR AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/5740/2025 · 2025-07-18
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150696 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150696 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41609 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5740 of 2025 Applicant :- Rajan Alias Arvind Kumar And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Kaushal Tiwari,Shashi Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Kaushal Tiwari, the learned counsel for the applicants, Sri Hansraj Verma, the learned A.G.A. for the State and Sri Satyendra Yadav, advocate, who has filed vakalatnama and short counter affidavit on behalf of the opposite party No.2, which is taken on record. 2. By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of the entire proceedings of FIR/ Case Crime No. 0049, under Sections 452, 323, 504, 506, 342, 354kha, 427 IPC, Police Station- Badosarai, District- Barabanki (State Vs. Rajan Jaiswal) pending before the Additional Chief Judicial Magistrate, Court No. 48, Barabanki including charge-sheet No. 01/2024 dated 31.03.2024 and summoning order dated 04.07.2024 passed in the aforesaid case, on the basis of compromise dated 27.05.2025 entered into between the parties. 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-3 to the application. The parties have confirmed the terms of the compromise. The opposite party No. 2 has filed a short counter affidavit accepting the fact of compromise and supporting the
prayer for quashing of the proceedings against the applicants. 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 proceedings of FIR/ Case Crime No. 0049, under Sections 452, 323, 504, 506, 342, 354kha, 427 IPC, Police Station- Badosarai, District- Barabanki (State Vs. Rajan Jaiswal) pending before the Additional Chief Judicial Magistrate, Court No. 48, Barabanki , including the charge-sheet No. 01/2024 dated 31.03.2024 and summoning
order dated 04.07.2024 passed in the aforesaid case, are quashed.
Order Date :- 18.7.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench