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2025 DAILYLAW 151234 (ALL)

DEVENDER SINGH AND 8 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/5668/2025 · 2025-07-14

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40110 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5668 of 2025 Applicant :- Devender Singh And 8 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Piyush Singh,Avinash Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Avinash Pratap Singh, the learned counsel for the applicants, and Sri Ashoke Srivastava the learned A.G.A for the State and Sri Istekhaf Khan, the learned counsel for the opposite party no.2, who has filed a short counter affidavit, which is taken on record. 2. By means of the instant application filed under Section 482 Cr.P.C, the applicants have sought quashing of the chargesheet dated 27.07.2022 arising out of Case Crime No. 119 of 2022 under Sections 406, 420, 409, 120-B I.P.C, Police Station Chowk, District Lucknow as well as summoning order dated 02.08.2022 along with the entire criminal proceedings pending in the court of learned Chief Judicial Magistrate, Lucknow, on the ground that the parties have arrived at a settlement. 3. A copy of the compromise deed dated 05.07.2025 has been annexed with the application, wherein it has been stated that the parties have settled their private dispute and have entered into a settlement amicably and the opposite party no.2 does not want any proceedings to continue in furtherance of the F.I.R lodged by him. 4. The learned counsel for the opposite party no.2 has filed a short counter affidavit accepting the compromise and supporting the prayer for quashing of the proceedings on the ground of compromise. 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 criminal proceedings would be an exercise in futility. 6. 6. In view of the fact that the parties have settled their dispute by way of compromise arrived at between the parties and the law laid down by the Supreme Court of India, the present petition is allowed and the chargesheet dated 27.07.2022 arising out of Case Crime No. 119 of 2022 under Sections 406, 420, 409, 120-B I.P.C, Police Station Chowk, District Lucknow as well as summoning order dated 02.08.2022 along with the entire criminal proceedings pending in the court of learned Chief Judicial Magistrate, Lucknow are hereby quashed. (Subhash Vidyarthi,J.) Order Date :- 14.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench