BAHADUR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/5672/2025 · 2025-07-14
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151162 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151162 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40125 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5672 of 2025 Applicant :- Bahadur And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Rajiv Raman Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Rajiv Raman Srivastava, the learned counsel the applicants, Sri Ashok Srivastava, the learned A.G.A. for the State, as well as Sri Prince Singh, Advocate, holding brief of Sri Adarsh Shukla, Advocate, who has filed his Vakalatnama, along with a short counter affidavit 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.5630/2022 (State Vs. Kuldeep Kumar and others), pending in the Court of learned Chief Judicial Magistrate, Sitapur, arising out of Case Crime No.0298 of 2022, under Sections 354, 323, 504 and 506 IPC lodged at Police Station Hargaon, District Hardoi as well as for quashing of the summoning order dated 15.10.2022 passed/issued pursuant to charge sheet no.01/2022 dated 13.08.2022 on the ground that the parties have entered into a compromise/settlement. 3. Learned counsels for the parties submit that both the parties have settled their dispute amicably outside the Court and they have arrived at a compromise. The compromise entered into between the parties has been placed on record as Annexure-6 to the petition. The learned counsel for the opposite party no. 2
accepts the factum of compromise entered into between the parties and has filed a short counter affidavit to support quashing of the impugned proceedings. 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. 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.5630/2022 (State Vs. Kuldeep Kumar and others), pending in the Court of learned Chief Judicial Magistrate, Sitapur, arising out of Case Crime No.0298 of 2022, under Sections 354, 323, 504 and 506 IPC lodged at Police Station Hargaon, District Hardoi, including the summoning
order dated 15.10.2022 passed/issued pursuant to charge sheet no.01/2022 dated 13.08.2022, are hereby quashed.
Order Date :- 14.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench