CHANDRA KISHORE TRIVEDI AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/5799/2025 · 2025-07-18
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152071 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152071 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41429 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5799 of 2025 Applicant :- Chandra Kishore Trivedi And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Syed Mohammad Abuzar Zaidi,Syed Sajjad Imam Rizvi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Syed Mohammad Abuzar Zaidi, the learned counsel for the applicants, Sri Hansraj Verma, the learned A.G.A. appearing on behalf of the State, Sri Syed Husain Mehdi, Advocate who has put in appearance on behalf of the opposite party no.2 and filed his vakalatnama, which is taken on record. 2. By means of the instant application under Section 482 Cr.P.C./Section 528 BNSS the applicants have sought for quashing of impugned charge sheet no.04.01.2014, summoning order dated 07.12.2022 along with entire proceedings of Criminal Case No.119037 of 2022, arising out of Case Crime No.0232 of 2013, under Sections 147/323/325 I.P.C. Police Station Nigoha, District Lucknow, pending in the Court of learned Additional Chief Judicial Magistrate Ist, Lucknow on the ground that the parties have arrived at a compromise. 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-4 to the petition. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by learned Additional Chief Judicial Magistrate Ist, Lucknow vide order dated 20.05.2025 in compliance of the order dated 15.05.2025 passed by this Court in Application u/s 482 No.4078 of
2025. The dispute between the parties is of private nature and it doe not affect the public at large. 4. I have considered the submissions of learned counsel for the parties. 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. 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 impugned charge sheet no.04.01.2014, summoning order dated 07.12.2022 along with entire proceedings of Criminal Case No.119037 of 2022, arising out of Case
Crime No.0232 of 2013, under Sections 147/323/325 I.P.C. Police Station Nigoha, District Lucknow, pending in the Court of learned Additional Chief Judicial Magistrate Ist, Lucknow. are hereby quashed. . [Subhash Vidyarthi, J.] Order Date :- 18.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench