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2025 DAILYLAW 152041 (ALL)

AJAY KUMAR PANDEY @ AJAY KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/5787/2025 · 2025-07-18

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41396 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5787 of 2025 Applicant :- Ajay Kumar Pandey @ Ajay Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Faizal Hashmi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Faizal Hashmi, the learned counsel for the applicants Sri Ashok Srivastava, the learned A.G.A. for the State and Sri Tauseef Ali Ansari, the learned counsel for opposite party No.2 and perused the record. Short 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 applicants have sought quashing of impugned charge sheet dated 30.06.2024, summoning order dated 01.10.2024 along with entire proceedings of Case No.12195 of 2024, arising out of Case Crime No.117 of 2024, under Section 323, 504, 506, 420 I.P.C. Police Station Kotwali Ayodhya, District Ayodhya, pending in the court of learned Chief Judicial Magistrate, Ayodhya on the basis of compromise arrived at between the parties. 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.6 to the 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 impugned charge sheet dated 30.06.2024, summoning order dated 01.10.2024 along with entire proceedings of Case No.12195 of 2024, arising out of Case Crime No.117 of 2024, under Section 323, 504, 506, 420 I.P.C. Police Station Kotwali Ayodhya, District Ayodhya, pending in the court of learned Chief Judicial Magistrate, Ayodhya are quashed. . [Subhash Vidyarthi, J.] Order Date :- 18.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench