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2025 DAILYLAW 152664 (ALL)

JAGEER AHMAD AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. ANOTHER

A482/5877/2025 · 2025-07-22

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42080 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5877 of 2025 Applicant :- Jageer Ahmad And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Another Counsel for Applicant :- Vyas Narayan Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vyas Narayan Shukla, the learned counsel for the applicants, Sri Mohd. Asif Khan, the learned A.G.A. for the State and Sri Shashank Shekhar Shukla, 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 no.01, dated 11.04.2023, summoning order dated 22.02.2024 along with entire proceedings of case arising out of Case Crime No.0597 of 2021, under Sections 498-A, 504, 506, 509 I.P.C. Police Station Thakurganj, District Lucknow, pending in the court of learned Additional Chief Judicial Magistrate-V, Lucknow on the ground that the parties have entered into a settlement and a compromise has been arrived at between them. 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.The opposite party no.2 is wife of the applicant no.1. The F.I.R. was lodged because of their matrimonial disputes, which have been settled and the parties have decided to severe their relationship by getting their marriage dissolved by a decree of divorce by mutual consent. 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. 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 no.01, dated 11.04.2023, summoning order dated 22.02.2024 along with entire proceedings of case arising out of Case Crime No.0597 of 2021, under Sections 498-A, 504, 506, 509 I.P.C. Police Station Thakurganj, District Lucknow, pending in the court of learned Additional Chief Judicial Magistrate-V, Lucknow 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