VISHAL PANDEY AND ANOTHER v. STATE OF U.P. THRU. ITS PRIN. SECY. LKO. AND ANOTHER
NA528/770/2025 · 2025-07-17
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151745 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151745 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40882 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 770 of 2025 Applicant :- Vishal Pandey And Another Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Lko. And Another Counsel for Applicant :- Manoj Kumar Misra,Chandra Chood Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Manoj Kumar Misra, learned counsel for the applicants, Sri Satyendra Srivastava, learned A.G.A for the State and Sri Nishit Upreti, Advocate, who has filed his 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 impugned charge sheet No. 1 dated 11.09.202, cognizance & summoning
order dated 23.12.2024 as well as the entire proceeding of Criminal Case No. 129603/2024, arising out of Case Crime No. 304/2024, under Sections 498-A, 323,504, 506 IPC & 3/4 DP Act, Police Station Gazipur, District Lucknow, pending in the court of Special Chief Judicial Magistrate, Lucknow, on the ground that the parties have already been entered into a settlement.
3. The quashing of the proceedings has been sought on the ground that the parties have entered into a compromise on 31.05.2025, which has been annexed as Annexure No. 6 to the affidavit.
4. The applicant had filed an application under section 482 Cr.P.C. No. 615 of 2025, which was disposed of by means of an
order dated 18.06.2025 directing the trial court to verify the compromise. The compromise has been verified by means of an
order dated 01.07.2025 passed by the learned Special Chief Judicial Magistrate (Custom), Lucknow in W/S Case No. 129603 of 2024, which is annexed as Annexue No. 5 of the affidavit. The parties have resolved their dispute and the opposite party no. 2 has resumed cohabitation with her husband, the applicant no. 1.
5. Learned counsel for the opposite party no. 2 has supported
the prayer made by the applicants and has given his consent for proceedings being quashed on the basis of compromise.
6. Considering the fact that the dispute between the parties is of private nature and it does not affect the public at large and the 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 impugned charge sheet No. 1 dated 11.09.202, cognizance & summoning order dated 23.12.2024 as well as the entire proceeding of Criminal Case No. 129603/2024, arising out of Case Crime No. 304/2024, under Sections 498-A, 323,504, 506 IPC & 3/4 DP Act, Police Station Gazipur, District Lucknow, pending in the court of Special Chief Judicial Magistrate, Lucknow are quashed.
Order Date :- 17.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench