SMT. POONAM AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NA528/767/2025 · 2025-07-16
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151685 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151685 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41437 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 767 of 2025 Applicant :- Smt. Poonam And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Neeraj Kumar Baghel,Praveen Yadav,Shiv Sagar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Neeraj Kumar Baghel, the learned counsel for the applicants, Sri Hansraj Verma, the learned A.G.A. for the State and Sri Amrendra Kumar, advocate, who has filed vakalatnama on behalf of the opposite party No.2, which is taken on record. Short counter affidavit filed by Sri Amrendra Kumar, 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 charge-sheet dated 12.02.2025 and the entire proceedings of Case Crime No. 0551 of 2024, under Sections 333, 352, 351(2), 131, 324(4) B.N.S., Police Station Biswan, District Sitapur, State of U. P. Vs. Poonam and Others, pending in the court of learned Additional Civil Judge (Senior Division), Court No. 2/ Additional Chief Judicial Magistrate, Sitapur.
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 Additional Civil Judge (Senior Division), Court No. 2/ Additional Chief Judicial Magistrate, Sitapur vide order dated
20.06.2025 in compliance of the order dated 13.06.2025 passed by a Co-ordinate Bench of this Court in Application u/s 528 BNSS No. 596 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 charge-sheet dated 12.02.2025 and the entire proceedings of Case Crime No. 0551 of 2024, under Sections 333, 352, 351(2), 131, 324(4) B.N.S., Police Station Biswan, District Sitapur, are quashed.
Order Date :- 16.7.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench