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2025 DAILYLAW 151035 (ALL)

JAMEEL AHMED AND 6 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/5679/2025 · 2025-07-18

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41221 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5679 of 2025 Applicant :- Jameel Ahmed And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Irshad Ali,Mirza Ataulla Beg,Om Prakash Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Irshad Ali, the learned counsel for the applicants, Sri Hans Raj Verma, the learned A.G.A. for the State and Sri Akhil Kumar Singh, the learned counsel for opposite party No.2 and perused the 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.2049 of 2014 arising out of the Case Crime No.1426/2013 under Sections 498-A, 323, 506 IPC and 3/4 of D.P. Act relating to Police Station- Jarwal Road, District- Bahriach pending in the Court of Spl. ACJM, Bahraich on the basis of compromise 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 petition. The parties have confirmed the terms of the compromise whereby they have agreed to severed their relationship by mutual consent and closure of the matrimonial proceedings. 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. 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.2049 of 2014 arising out of the Case Crime No.1426/2013 under Sections 498-A, 323, 506 IPC and 3/4 of D.P. Act relating to Police Station- Jarwal Road, District- Bahriach pending in the Court of Spl. ACJM, Bahraich are quashed. . (Subhash Vidyarthi,J.) Order Date :- 18.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench