Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 152336 (ALL)

HANSRAJ SINGH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/5809/2025 · 2025-07-18

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:41369 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5809 of 2025 Applicant :- Hansraj Singh And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ajeet Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ajeet Kumar, the learned counsel for the applicants, Sri Hansraj Verma, the learned A.G.A. for the State and Sri Indrajeet, 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 the charge sheet no.01 of 2021, dated 15.03.2021, summoning order dated 16.12.2021 along with entire proceedings of Case No.97150 of 2021: State Vs. Hansraj Singh and others, arising out of Case Crime No.0084 of 2021, under Section 406, 323, 504 and 506 I.P.C. Police Station Gazipur, District Lucknow, pending in the Court of learned Special Judicial Magistrate (Custom), Lucknow on the basis of a 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. A copy of compromise deed has been placed on record as Annexure-4 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 proceedings of charge sheet no.01 of 2021, dated 15.03.2021, summoning order dated 16.12.2021 along with entire proceedings of Case No.97150 of 2021: State Vs. Hansraj Singh and others, arising out of Case Crime No.0084 of 2021, under Section 406, 323, 504 and 506 I.P.C. Police Station Gazipur, District Lucknow, pending in the Court of learned Special Judicial Magistrate (Custom), Lucknow are quashed. . [Subhash Vidyarthi, J.] Order Date :- 18.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench