VIVEK SINGH AND 10 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND ANOTHER
A482/5742/2025 · 2025-07-16
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151583 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151583 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41435 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5742 of 2025 Applicant :- Vivek Singh And 10 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Jai Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Jai Pratap Singh, the learned counsel for the applicants, Sri Satyendra Srivastava, the learned A.G.A. for the State and Sri Yogesh Soni, advocate, who has filed vakalatnama on behalf of the opposite party No.2, which is taken on record. Short counter affidavit filed by Sri Yogesh Soni, 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., the applicants have sought quashing of the entire proceedings of Criminal Case No. 6389 of 2021, arising out of the Case Crime No. 823 of 2016, under Sections 147, 452, 336, 504, 506 IPC, Police Station P.G.I., District Lucknow, pending in the Court of Chief Judicial Magistrate, Lucknow, on the basis of compromise dated 06.06.2025 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-3 to the petition. The parties have confirmed the terms of the compromise. Compromise between the parties has been verified by Chief Judicial Magistrate, Lucknow vide order dated 30.06.2025 in compliance of the order dated 18.06.2025 passed
by a Co-ordinate Bench of this Court in Application u/s 482 No. 5126 of 2025. 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 the proceedings of Criminal Case No. 6389 of 2021, arising out of the Case Crime No. 823 of 2016, under Sections 147, 452, 336, 504, 506 IPC, Police Station P.G.I., District Lucknow, are quashed. Order Date :- 16.7.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench