ABHAY SINGH @ ABHAY KUMAR SINGH AND 5 OTHERS v. STATE OF U.P. THRU. PRINCIPAL SECRETARY LKO. AND ANOTHER
A482/5749/2025 · 2025-07-16
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151417 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151417 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41446 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5749 of 2025 Applicant :- Abhay Singh @ Abhay Kumar Singh And 5 Others Opposite Party :- State Of U.P. Thru. Principal Secretary Lko. And Another Counsel for Applicant :- Narvind Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Narvind Kumar Singh, the learned counsel for the applicants, Sri S. P. Singh, the learned State Counsel and Sri Suresh Kumar Singh, advocate, who has filed vakalatnama on behalf of the opposite party No. 2, 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 entire proceeding of Case No. 87888 of 2022, arising out of Case Crime No. 485/2020, Under Section 498-A, 323, 504, 354 I.P.C. & Section 3/4 of D.P. Act, relating to Police Station - Mohanlalganj, District Lucknow as well as summoning order dated 16.09.2022 passed by learned Additional Chief Judicial Magistrate, Room No. 27, Lucknow.
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-5 to the petition. The parties have confirmed the terms of the compromise. Compromise between the parties has been verified by Special Additional Chief Judicial Magistrate-III, Room No. 27, Lucknow vide order dated 25.02.2025 in compliance of the
order dated 20.02.205 passed by a Co-ordinate Bench of this Court in Application u/s 482 No. 1621 of 2025. It is recorded in the compromise that the parties have decided to sever their
relations by obtaining a decree of divorce on mutual consent under Section 13-B of the Hindu Marriage Act.
4. Learned counsel for the Opposite party No. 2 has stated that the opposite party No. 2 does not want any proceedings to continue and she 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 proceedings of Case No. 87888 of 2022, arising out of Case Crime No. 485/2020, Under Section 498-A, 323, 504, 354 I.P.C. & Section 3/4 of D.P. Act, relating to Police Station - Mohanlalganj, District Lucknow as well as summoning order dated 16.09.2022 passed by learned Additional Chief Judicial Magistrate, Room No. 27, Lucknow, are quashed.
Order Date :- 16.7.2025/(Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench