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2025 DAILYLAW 151038 (ALL)

MIRZA MOHAMMAD MOIED AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NA528/749/2025 · 2025-07-14

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40127 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 749 of 2025 Applicant :- Mirza Mohammad Moied And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Shiv S.E. Chitambar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Shiv S.E. Chitambar, the learned counsel the applicants, Sri Ashok Srivastava, the learned A.G.A. for the State, as well as Sri Utkarshanand, Advocate, who has filed his Vakalatnama on behalf of opposite party no. 2, and perused the record. The Vakalatnama is taken on record. 2. The instant petition has been filed seeking quashing of the entire proceedings of Criminal Case No.47691/2025 (State Vs. Mirza Mohd. Moid), rising out of impugned charge sheet no.01 dated 18.02.2025 filed in Case Crime No.0617/2024, under Sections 318(4), 316(2), 352 and 351(3) BNS lodged at Police Station Thakurganj, District Lucknow as well as quashing of the cognizance/summoning order dated 09.05.2025 passed by the learned Additional Chief Judicial Magistrate-V, Lucknow on the ground that the parties have entered into a compromise/settlement. 3. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at a compromise. The compromise entered into between the parties have been placed on record as Annexure-6 to the petition. The parties have confirmed the terms of the compromise. The compromise has been verified between the parties by the learned Additional Chief Judicial Magistrate-V, Court No. 29, Lucknow vide order dated 30.06.2025 in compliance of the order dated 19.06.2025 passed by this Court in Application u/s 528 No.624 of 2025. 4. I have considered the submissions of learned counsel for the parties. 5. 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 proceedings in pursuance 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 petition is allowed and the entire proceedings of Criminal Case No.47691/2025 (State Vs. Mirza Mohd. Moid), rising out of impugned charge sheet no.01 dated 18.02.2025 filed in Case Crime No.0617/2024, under Sections 318(4), 316(2), 352 and 351(3) BNS lodged at Police Station Thakurganj, District Lucknow, including the impugned cognizance/summoning order dated 09.05.2025 passed by the learned Additional Chief Judicial Magistrate-V, Lucknow, are hereby quashed. Order Date :- 14.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench