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2025 DAILYLAW 151373 (ALL)

PRAMOD KUMAR SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO. AND ANOTHER

A482/5697/2025 · 2025-07-15

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40191 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5697 of 2025 Applicant :- Pramod Kumar Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Digvijai Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Short counter affidavit filed on behalf of the opposite party no.2 is taken on record. 2. Heard Sri Digvijai Singh, the learned counsel for the applicant, Sri Avishesh Kumar Singh, the learned A.G.A for the State and Sri Hemant Kumar, the learned counsel for the opposite party no. 2. 3. By means of the instant application filed under Section 482 Cr.P.C, the applicant has sought quashing of the Charge-sheet dated 14.01.1999 arising out of Case Crime No.24 of 1999 under Sections 323, 504, 506 IPC, Police Station- Gazipur, District-Lucknow as well as the summoning order dated 07.04.1999 along with the entire proceedings of Criminal Case No.3800847/99 pending in the court of Special Chief Judicial Magistrate (Custom), Lucknow, on the ground that the parties have arrived at settlement. 4. A copy of compromise deed dated 08.07.2025 has been annexed as Annexure No.6 to the instant application, wherein it is stated that the parties have resolved their dispute amicably and the opposite party no.2 does not want any proceedings to continue against the applicant. 5. The learned counsel for the opposite party no. 2 has filed a short counter affidavit admitting the factum of compromise and has given her 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. 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 entire proceedings of Criminal Case No.3800847/99 along with the chargesheet dated 14.01.1999 arising out of Case Crime No.24 of 1999 under Sections 323, 504, 506 IPC, Police Station- Gazipur, District- Lucknow and the summoning order dated 07.04.1999 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 Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench