SAURABH KUMAR PANDEY AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AFFAIRS LOK BHAWAN LKO. AND ANOTHER
A482/5675/2025 · 2025-07-18
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151033 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151033 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:41440 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5675 of 2025 Applicant :- Saurabh Kumar Pandey And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Affairs Lok Bhawan Lko. And Another Counsel for Applicant :- Abhishek Khare Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Ms. Parul Sharma holding brief of Sri Abhishek Khare, learned counsel for the applicants, Smt. Kamlesh Kumari, learned AGA for the State and Sri Mohd. Yasir, the
learned counsel for the 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 impugned charge
sheet
dated
27.11.2023,
impugned cognizance/summoning order dated 21.02.2024 as well as the entire proceeding of case bearing Case No. 15519 of 2024, arising out of Case Crime No. 235 of 2023, under Sections 406, 420, 504 & 506 IPC, Police Station Ghazipur, District Lucknow, pending in the Court of learned Chief Judicial Magistrate (Customs), Lucknow, on the basis of a settlement arrived at between the parties. 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. The original compromise deed has been placed on record as Annexure-1 to the affidavit filed in support of the application. The learned counsel for the parties have confirmed the terms of compromise. 4. The learned counsel for the opposite party No.2 does not have any objection, if the impugned proceedings are quashed against the applicant and the opposite party no.2 supports the application. 5. Considering the fact that the dispute between the parties is of private nature and it does not affect the public at large and 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. 6.
6. 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 impugned charge sheet dated 27.11.2023, impugned cognizance/summoning order dated 21.02.2024 as well as the entire proceeding of case bearing Case No. 15519 of 2024, arising out of Case Crime No. 235 of 2023, under Sections 406, 420, 504 & 506 IPC, Police Station Ghazipur, District Lucknow, pending in the Court of learned Chief Judicial Magistrate (Customs), Lucknow, are quashed.
Order Date :- 18.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench