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2025 DAILYLAW 152510 (ALL)

JITENDRA ALIAS JITENDRA PASWAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

A482/5901/2025 · 2025-07-22

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42069 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5901 of 2025 Applicant :- Jitendra Alias Jitendra Paswan Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Sandeep Tiwari,Pradeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Pradeep Kumar, the learned counsel for the applicant, Sri Ashok Srivastava, the learned A.G.A. for the State and Sri Onkar Nath Tiwari, Advocate who has put in appearance on behalf of the opposite party no.2 and filed his vakalatnama, which is taken on 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, summoning order along with entire proceedings of Criminal Case No.2421 of 2021, arising out of Case Crime No.289 of 2019, under Sections 323, 504, 452 I.P.C. Police Station Paraspur, District Gonda, pending in the Court of learned Judicial Magistrate Ist, Gonda on the ground that the parties have arrived at a settlement. 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. 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 the impugned charge sheet, summoning order along with entire proceedings of Criminal Case No.2421 of 2021, arising out of Case Crime No.289 of 2019, under Sections 323, 504, 452 I.P.C. Police Station Paraspur, District Gonda, pending in the Court of learned Judicial Magistrate Ist, Gonda are hereby quashed. . [Subhash Vidyarthi, J.] Order Date :- 22.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench