SURENDRA KUMAR AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/5669/2025 · 2025-07-18
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151180 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151180 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41441 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5669 of 2025 Applicant :- Surendra Kumar And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Avinash Kumar Sharma,Vinay Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Avnish Kumar Sharma, learned counsel for the applicants, Sri Mayank Sinha, learned A.G.A. for the State, Sri Vishwanath Tiwari, learned counsel for the opposite party no.2 and perused the record. 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./528 B.N.S.S., the applicants have sought quashing of the charge sheet dated 21.10.2024, summoning order dated 03.04.2025 as well as the entire proceedings of Case No. 71/2025, arising out of Case Crime No. 630/2023, under Sections 323, 504 & 506 IPC, Police Station Raunahi, District Ayodhya, pending in the court of Judicial Magistrate-III, District Ayodhya, 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-4 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 charge sheet dated 21.10.2024, summoning order dated 03.04.2025 as well as the entire proceedings of Case No. 71/2025, arising out of Case Crime No. 630/2023, under Sections 323, 504 & 506 IPC, Police Station Raunahi, District Ayodhya, pending in the court of Judicial Magistrate-III, District Ayodhya, are quashed. Order Date :- 18.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench