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2025 DAILYLAW 150723 (ALL)

DINESH KUMAR SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NA528/737/2025 · 2025-07-11

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39759 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 737 of 2025 Applicant :- Dinesh Kumar Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Santosh Kumar Srivastava, the learned counsel for the applicants, Sri Sagar Singh, the learned State Counsel and Sri Saurabh Kumar, the learned counsel for opposite party No.2 and perused the record. Short 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., the applicants have sought quashing of the entire proceedings of Criminal Case No.2409 of 2025 arising out of Case Crime No.09 of 2024 under Sections 79 of BNS and Section 67 of I.T. Act relating to Police Station- Cyber Crime, District- Ambedkar Nagar pending in the court of Ld. CJM, Ambedkar Nagar as well as the impugned charge-sheet dated 25.09.2024 in the aforesaid case. 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. 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 the entire proceedings of Criminal Case No.2409 of 2025 arising out of Case Crime No.09 of 2024 under Sections 79 of BNS and Section 67 of I.T. Act relating to Police Station- Cyber Crime, District- Ambedkar Nagar pending in the court of Ld. CJM, Ambedkar Nagar as well as the impugned charge-sheet dated 25.09.2024 are quashed. . (Subhash Vidyarthi,J.) Order Date :- 11.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench