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2025 DAILYLAW 152527 (ALL)

ANIL KUMAR AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/5886/2025 · 2025-07-22

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42071 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5886 of 2025 Applicant :- Anil Kumar And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Amrendra Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Amrendra Singh, the learned counsel for the applicants, Sri Hansraj Verma, the learned A.G.A. for the State and Sri Vaibhav Chauhan, 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 impugned charge sheet dated 02.03.2023 along with entire proceedings of Criminal Case No.631 of 2023, arising out of Case Crime No.0388 of 2022, under Sections 147, 323, 452, 504, 506 I.P.C. Police Station Tarun, District Faizabad, pending in the court of Chief Judicial Magistrate-II, Faizabad on the ground that the parties have entered into a compromise. 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 impugned charge sheet dated 02.03.2023 along with entire proceedings of Criminal Case No.631 of 2023, arising out of Case Crime No.0388 of 2022, under Sections 147, 323, 452, 504, 506 I.P.C. Police Station Tarun, District Faizabad, pending in the court of Chief Judicial Magistrate-II, Faizabad 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