DEEP RAJ AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/5676/2025 · 2025-07-16
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151050 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151050 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41161 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5676 of 2025 Applicant :- Deep Raj And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Arif Hussain Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Arif Hussain, the learned counsel for the applicants, Sri Manish Kumar Pandey, the learned A.G.A. for the State and Sri Ashutosh, advocate, who has filed vakalatnama on behalf of the opposite party No. 2. 2. By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of the charge- sheet as well as the cognizance and summoning order dated 12.10.2023 passed in Case No. 112299/2023, arising out of Case Crime No. 122/2022 under Section 147,323,452 IPC, Police Station Sushant Golf City, District - Lucknow as well as the entire criminal proceedings of the aforesaid case on the basis of compromise dated 05/04/2025 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-4 to the petition. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by Judicial Magistrate-III, Lucknow vide order dated 18.06.2025 in compliance of the order dated 10.06.2025 passed by this Court in Application u/s 482 No. 4881 of 2025. 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 Case No. 112299/2023, arising out of Case Crime No. 122/2022 under Sections 147, 323, 452 IPC, Police Station- Sushant Golf City, District - Lucknow, are hereby quashed. Order Date :- 16.7.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench