SUBROTO KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
A482/5691/2025 · 2025-07-15
Subhash Vidyarthi
body2025
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[ 2025 DAILYLAW 150807 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150807 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40393 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5691 of 2025 Applicant :- Subroto Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Satyendra Nath Mishra,Rahul Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Satyendra Nath Mishra, the learned counsel for the applicants, Sri Satyendra Srivastava, the learned A.G.A for the State and Sri Abhinav Srivastava, Advocate who has filed his vakalatnama on behalf of the opposite party no. 3, which is taken on record.
2. By means of the instant application filed under Section 482 Cr.P.C/528 BNSS, the applicants have sought quashing of the chargesheet dated 05.03.2013 arising out of Case Crime No. 10 of 2013, under Sections 363, 366 I.P.C , Police Station Balidrai, District Sultanpur as well as the summoning order dated 12.12.2013 along with the entire proceedings of Criminal Misc. Case No. 1610 of 2013, pending before the court of Chief Judicial Magistrate-, Room No. 20, Sultanpur, on the ground that the parties have arrived at a settlement.
3. A copy of the compromise deed dated 28.08.2024 has been annexed as Annexure No.9 to the affidavit of the instant application, wherein it is stated that the parties have resolved their dispute and they are residing together as husband and wife and the opposite party no.3 does not want any further proceedings to continue against the applicants.
4. The applicants had filed an application under section 482 Cr.P.C. No. 6936 of 2013, which was disposed of by means of an order dated 25.03.2025 directing the trial court to verify the compromise. The compromise has been verified by means of an
order dated 11.06.2025 passed by the learned Additional Chief Judicial Magistrate, Court No-20, Sultanpur.
5. Sri Abhinav Srivastava, the learned counsel for the opposite party no. 3 has supported the prayer made by the applicants and has given his consent for proceedings being quashed on the basis of compromise.
6. Considering the 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 chargesheet dated 05.03.2013 arising out of Case Crime No.10 of 2013, under Sections 363, 366 I.P.C, Police Station Balidrai, District Sultanpur as well as the summoning order dated 12.12.2013 along with the entire proceedings of Criminal Misc. Case No. 1610 of 2013, are hereby quashed. (Subhash Vidyarthi,J.)
Order Date :- 15.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench