MAZAHRUL HAQUE @ RAJU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/5725/2025 · 2025-07-22
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151498 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151498 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41927 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5725 of 2025 Applicant :- Mazahrul Haque @ Raju Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Kamal Kishor Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Kamal Kishore Tiwari, the learned counsel for the applicant, Sri Hansraj Verma, the learned A.G.A. for the State and Sri Amrish Tiwari, Advocate, who has put in appearance on behalf of the opposite party no.2 and filed his vakalatnama, which is taken on record. Counter affidavit filed by the learned counsel for opposite party No.2 is taken on record. 2. By means of the instant application filed under Section 482 Cr.P.C./Section 528 BNSS, the applicant has sought quashing of impugned charge sheet no.01 of 2024, filed on 13.08.2024, summoning order dated 03.06.2025 along with entire proceedings of case bearing Case Crime No.48 of 2024, under Sections 420, 406, 504, 506 I.P.C. Police Station Antoo, District Pratapgarh, pending in the Court of learned Additional Civil Judge (J.D.), Court No.25, Pratapgarh. 3. Learned counsel for the parties submit that the parties have settled their dispute amicably outside the Court and they have arrived at a compromise. Compromise deed has been placed on record as Annexure No.5 to he application. The parties have confirmed the terms of compromise. 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.
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 impugned charge sheet no.01 of 2024, filed on 13.08.2024, summoning
order dated 03.06.2025 along with entire proceedings of case bearing Case Crime No.48 of 2024, under Sections 420, 406, 504, 506 I.P.C. Police Station Antoo, District Pratapgarh, pending in the Court of learned Additional Civil Judge (J.D.), Court No.25, Pratapgarh are hereby quashed.
. [Subhash Vidyarthi, J.]
Order Date :- 22.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench