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2025 DAILYLAW 152149 (ALL)

RAM ASARE AND 9 OTHERS v. STATE OF U.P. THRU. SECY. HOME U.P. LKO. AND ANOTHER

A482/5816/2025 · 2025-07-18

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41365 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5816 of 2025 Applicant :- Ram Asare And 9 Others Opposite Party :- State Of U.P. Thru. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Shamsher Yadav Jagrana Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Shamsher Yadav Jagrana, the learned counsel for the applicant(s), Sri Hansraj Verma, the learned AGA for the State, as well as Sri Mohd. Mateen, Advocate, who has filed his Vakalatnama along with a short counter affidavit on behalf of opposite party no. 2, which is taken on record. 2. The instant application has been filed seeking quashing of the criminal proceedings of Case No.31867/2024 (State Vs. Ram Asre and others) arising out of charge sheet no.01/2023 dated 12.07.2023 filed in FIR No.0238/2023, under Sections 147, 323, 504 and 506 IPC lodged at Police Station Mohanlalganj, District Lucknow, pending in the Court of learned A.C.J.M., Lucknow, quashing of the aforesaid charge sheet as well as quashing of the order dated 16.03.2024 by means of which cognizance of the offence has been taken and the applicants have been summoned to face trial under the aforesaid sections of the IPC on the ground that the parties have arrived at compromise/settlement. 3. Learned counsels for the parties submit that the parties have settled their dispute amicably outside the Court and they have arrived at a compromise. The compromise entered into between the parties have been placed on record as Annexure- 4 to the application. 4. The learned counsel for the opposite party no. 2 has submitted the parties have entered into the compromise and they do not want any proceeding to continue and he supports the quashing of the proceeding. 5. I have considered the submissions of learned counsel for the parties. 6. 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. 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 instant application is allowed and criminal proceedings of Case No.31867/2024 (State Vs. Ram Asre and others) arising out of charge sheet no.01/2023 dated 12.07.2023 filed in FIR No.0238/2023, under Sections 147, 323, 504 and 506 IPC lodged at Police Station Mohanlalganj, District Lucknow, pending in the Court of learned A.C.J.M., Lucknow, including the aforesaid charge sheet as well as the order of taking cognizance/summoning dated 16.03.2024, are hereby quashed. Order Date :- 18.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench