ISLAMUDDIN AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/5766/2025 · 2025-07-17
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151827 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151827 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40813 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5766 of 2025 Applicant :- Islamuddin And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Naved Alam,Prateek Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Naved Alam, the learned counsel for the applicants, Sri Hansraj Verma, the learned AGA for the State, as well as Sri Bhanu Pratap Singh, Advocate, who has filed his Vakalatnama along with the short counter affidavit on behalf of the opposite party no. 2, and perused the record. The vakalatnama is taken on record. 2. By means of the instant application U/s 482 CrPC, the applicants have sought quashing of the entire proceeding of Misc. Criminal Case No.653/2023, arising out of Case Crime No.0257/2022, under Sections 323, 498A, 504 and 506 IPC read with Section 3/4 D.P. Act lodged at Police Station Nanpara, District Bahraich, pending in the court of learned Chief Judicial Magistrate, Bahraich as well as quashing of the charge sheet dated 04.06.2022 filed in the aforesaid case, on the ground that the parties have arrived at a compromise/settlement. 3. The compromise dated 07.07.2025 has been annexed with the application wherein it is stated that the parties have arrived at a settlement/compromise and they do not want any proceeding to continue. 4. In the short counter affidavit filed by the opposite party no. 2, she has stated that she is living with her husband (applicant
no. 1) and she has no objection against quashing of the proceeding on the ground of compromise. 5. Considering 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 proceedings in pursuance of the criminal proceedings would be an exercise in futility. 6.
6. 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 petition is allowed and the entire proceeding of Misc. Criminal Case No.653/2023, arising out of Case Crime No.0257/2022, under Sections 323, 498A, 504 and 506 IPC read with Section 3/4 D.P. Act lodged at Police Station Nanpara, District Bahraich, pending in the court of learned Chief Judicial Magistrate, Bahraich, including the charge sheet dated 04.06.2022, are hereby quashed. Order Date :- 17.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench