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2025 DAILYLAW 151215 (ALL)

VIVEK KUMAR TIWARI @ VIVEK TIWARI v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/5688/2025 · 2025-07-15

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40346 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5688 of 2025 Applicant :- Vivek Kumar Tiwari @ Vivek Tiwari Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Pawan Kumar Pandey,Akhilesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Pawan Kumar Pandey, the learned counsel for the applicant and Sri Avishesh Kumar Singh, the learned A.G.A for the State and Sri Rajesh Kumar Agnihotri, the learned counsel for the opposite party no. 2. 2. By means of the instant application filed under Section 482 Cr.P.C, the applicant has sought quashing the chargesheet dated 13.12.2020 arising out of Case Crime No.326 of 2020, under Sections 504, 506 I.P.C, Police Station Sushant Golf City, District Lucknow as well as summoning order dated 11.01.2022 along with the entire proceedings of Case No. 1800 of 2022, pending in the Court of Chief Judicial Magistrate, Lucknow, on the ground that the parties have arrived at a settlement. 3. A copy of the compromise deed dated 28.05.2025 has been annexed as Annexure No.4 to the instant application. It is stated in the compromise that the parties have resolved their dispute and the opposite party no.2 does not want any further proceedings to continue in furtherance of the FIR lodged by him. 4. The applicant had filed an application under section 482 Cr.P.C. No. 4860 of 2025, which was disposed of by means of an order dated 10.06.2025 directing the trial court to verify the compromise. The compromise has been verified by means of an order dated 25.06.2025 passed by the learned Chief Judicial Magistrate, Lucknow in case no. 1800 of 2022. 5. Sri Rajesh Kumar Agnihotri, the learned counsel for the opposite party no. 2 has supported the prayer made by the applicant and has given his consent for proceedings being quashed on the basis of compromise. 6. 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 criminal proceedings would be an exercise in futility. 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 chargesheet dated 13.12.2020 arising out of Case Crime No.326 of 2020, under Sections 504, 506 I.P.C, Police Station Sushant Golf City, District Lucknow as well as summoning order dated 11.01.2022 along with the entire proceedings of Case No. 1800 of 2022, are hereby quashed. (Subhash Vidyarthi,J.) Order Date :- 15.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench