NOORUL HASSAN AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/5904/2025 · 2025-07-22
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152647 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152647 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42057 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5904 of 2025 Applicant :- Noorul Hassan And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ashok Kumar Shukla,Aman Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ashok Kumar Shukla, the learned counsel for the applicants, Sri Ashok Srivastava, the learned A.G.A. for the State and Sri Shivendra Pathak, Advocate holding brief of Sri Tanuj Singh, Advocate who has put in appearance on behalf of the opposite party no.2 and filed vakalatnama, which 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 19.09.2019, summoning order dated 04.01.2020 along with entire proceedings of Criminal Case No.115 of 2020, arising out of Case Crime No.194 of 2019, under Sections 452, 504, 506 I.P.C. Police Station Kaisarganj, District Bahraich, pending in the Court of learned Additional Chief Judicial Magistrate, Bahraich on the basis of compromise arrived at between the parties on 29.01.2025. 3. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at the compromise. Copy of compromise entered into between the parties have been placed on record as Annexure-5 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, Bahraich vide order dated 03.03.2025 in compliance of the order dated 06.02.2025 passed by this Court in Application u/s 482 No.1109 of
2025. 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 dated 19.09.2019, summoning
order dated 04.01.2020 along with entire proceedings of Criminal Case No.115 of 2020, arising out of Case Crime No.194 of 2019, under Sections 452, 504, 506 I.P.C. Police Station Kaisarganj, District Bahraich, pending in the Court of learned Additional Chief Judicial Magistrate,
Bahraich 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