SHIV PRATAP SINGH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/5718/2025 · 2025-07-16
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151253 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151253 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41214 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5718 of 2025 Applicant :- Shiv Pratap Singh And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Ravi Kant Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ravi Kant Pandey, the learned counsel for the applicants, Sri Satyendra Srivastava, the learned A.G.A. for the State and Sri Yaduvansh Mani Singh, advocate, who has filed vakalatnama on behalf of the opposite party No. 2 and perused the record. 2. By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of the entire criminal proceeding of Criminal Case No.6769/2023 (State Versus Krishna Murari Shukla & Others) pending before the Fast Track Court (Senior Division)/Additional Chief Judicial Magistrate, Sultanpur, arising out of Case Crime No.949/2003, Under Sections 419, 420, 467, 468, 469, 471 IPC, Police Station Gauriganj, District Sultanpur now Amethi as well as cognizance/summoning order dated 7.2.2004 passed by learned Additional Chief Judicial Magistrate, Court No. 22, Sultanpur in Old Case No.177/2004 (State Versus Krishna Murari Shukla & Others) in terms of the compromise deed dated 11.12.2024. 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-6 to the petition. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by Civil Judge, Pravar Khand, FT.C./Additional Chief Judicial
Magistrate, Sultanpur vide order dated 15.1.2025 in compliance of the order dated 19.12.2024 passed by a Co-ordinate Bench of this Court in Application u/s 482 No. 11731 of 2024. 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. 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 entire proceeding of Criminal Case No.6769/2023 (State Versus Krishna Murari Shukla & Others) pending before the Fast Track Court (Senior Division)/Additional Chief Judicial Magistrate, Sultanpur, arising out of Case Crime No.949/2003, Under Sections 419, 420, 467, 468, 469, 471 IPC, Police Station Gauriganj, District Sultanpur now Amethi, are quashed. Order Date :- 16.7.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench