ARUN KUMAR UPADHYAY AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. LKO. U.P. AND 5 OTHERS
A482/5608/2025 · 2025-07-11
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150805 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150805 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39846 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5608 of 2025 Applicant :- Arun Kumar Upadhyay And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. U.P. And 5 Others Counsel for Applicant :- Rahul Mishra Counsel for Opposite Party :- G.A. AND Case :- APPLICATION U/S 482 No. - 5620 of 2025 Applicant :- Shyam Narayan Upadhyay And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. And 4 Others Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Rahul Mishra, the learned counsel for the Applicant in Application U/S 482 No.5608 of 2025 and the opposite party No.2 to 5 in Application U/S 482 No. - 5620 of 2025, Shri Hans Raj Verma, the learned AGA and Shri Anil Kumar Pandey, the learned counsel for the applicant in Application U/S 482 No.5620 of 2025, who represents the opposite party No.2 to 6 in Application U/S 482 No.5608 of
2025. 2. The Application U/S 482 No.5608 of 2025 has been filed seeking quashing of the entire criminal proceedings of Session Trial No.1548 of 2023 titled 'State v. Girdhari Lal & Ors.' including the order of Cognizance & summoning order dated 15.01.2021 and charge-sheet dated 14.09.2020 arising out of Case Crime No.100 of 2020 under Sections 147, 148, 308, 323, 325, 504, 506 IPC relating to P.S.- Mankapur, District- Gonda pending in the Court of Ld. Session Judge, Gonda and the Application U/S 482 No.5620 of 2025 has been filed seeking quashing of the entire criminal proceedings of Session Trial No.470 of 2024 titled 'State v. Shyam Narayan & Ors.'
including the order of Cognizance & summoning order dated 15.01.2021 and charge-sheet dated 12.09.2020 arising out of Case Crime No.101 of 2020 under Sections 147, 148, 323, 325, 504, 506 IPC relating to P.S.-Mankapur, District- Gonda pending in the Court of Ld. Session Judge, Gonda. 3. Both the aforesaid applications arise out of cross cases relating to the same incident and quashing of both the proceedings have been sought on the ground that parties have arrived at a compromise agreeing to close the criminal proceedings in terms thereof. 4.
Several persons from both the sides have suffered some injuries in the incident but all the injuries caused to persons from both the sides were simple in nature. The compromise has been annexed with both the applications wherein the parties have stated that they have resolved their mutual disputes and are residing amicably and all of them do not want any proceedings to continue against each other. 5. Counter affidavits have been filed in both the cases admitting the terms of the compromise and supporting the prayers for quashing of the case. 6. I have considered the submissions of learned counsel for the parties. 7. 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. 8. 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, both the present applications are allowed and entire criminal proceedings of Session Trial No.1548 of 2023 titled 'State v. Girdhari Lal & Ors.' including the order of Cognizance & summoning order dated 15.01.2021 and charge-sheet dated 14.09.2020 arising out of Case Crime No.100 of 2020 under Sections 147, 148, 308, 323, 325, 504, 506 IPC relating to P.S.- Mankapur, District- Gonda pending in the Court of Ld.
Session Judge, Gonda in Application u/S 482 No.5608 of 2025 as well as the entire criminal proceedings of Session Trial No.470 of 2024 titled 'State v. Shyam Narayan & Ors.' including the order of Cognizance & summoning order dated 15.01.2021 and charge-sheet dated 12.09.2020 arising out of Case Crime No.101 of 2020 under Sections 147, 148, 323, 325, 504, 506 IPC relating to P.S.-Mankapur, District- Gonda pending in the Court of Ld. Session Judge, Gonda in Application u/S 482 No.5620 of 2025 are hereby quashed. . (Subhash Vidyarthi,J.) Order Date :- 11.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench