ANUPAM SINGH @ ANUPAM KUMAR AND 7 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/5752/2025 · 2025-07-18
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151432 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151432 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41615 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5752 of 2025 Applicant :- Anupam Singh @ Anupam Kumar And 7 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Jitendra Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Jitendra Mishra, the learned counsel for the applicants, Sri Hansraj Verma, the learned A.G.A. for the State and Sri Aasif Razzaque Khan, advocate, who has filed vakalatnama and short counter affidavit 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 proceedings of Criminal Misc. Case No. 1183/2024 (State of U.P. Vs. Anupam Singh And Others), arising out of FIR/ Case Crime No. 0759/2023, under Sections 498-A, 323, 504, 506 IPC & Section 3/4 D.P. Act, Police Station- Deva, District- Barabanki, including charge-sheet No. 01/2023 dated 24.09.2023 and summoning order dated 03.09.2024 passed by learned Additional Chief Judicial Magistrate, Court No. 17, Barabanki, on the basis of compromise dated 18.12.2024 entered into between the parties. 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-4 to the application. The parties have confirmed the terms of the compromise. The compromise states that the parties have resolved their dispute and are living in co-habitation amicably. The opposite party No. 2 does not want any proceedings to continue against the applicant. The opposite party No. 2 has filed a short counter affidavit accepting the fact of compromise and supporting the prayer for quashing of the proceedings against the applicants. 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 proceedings of Criminal Misc. Case No. 1183/2024 (State of U.P. Vs. Anupam Singh And Others), arising out of FIR/ Case Crime No. 0759/2023, under Sections 498-A, 323, 504, 506 IPC & Section 3/4 D.P. Act, Police Station- Deva, District- Barabanki, including charge-sheet No. 01/2023 dated 24.09.2023 and summoning
order dated 03.09.2024 passed by learned Additional Chief Judicial Magistrate, Court No. 17, Barabanki, are quashed.
Order Date :- 18.7.2025(Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench