MOHAMMAD AZAD AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/5905/2025 · 2025-07-22
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152676 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152676 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42054 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5905 of 2025 Applicant :- Mohammad Azad And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mohd. Tasneem,Nazrul Islam,Vaibhav Dev Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Nazrul Islam, the learned counsel for the applicants, Sri Ashok Srivastava, the learned A.G.A. for the State and Sri Komal Prasad 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 impugned charge sheet dated 17.01.2023, summoning
order dated 26.02.2024 along with entire proceedings of Case No.16716 of 2024, arising out of Case Crime No.0211 of 2022, under Sections 406, 419, 420, 467, 468, 471 I.P.C. Police Station Wazirganj, District Lucknow, pending in the Court of learned Special Additional Chief Judicial Magistrate, CBI (A.P.), Lucknow.
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. The 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. 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 17.01.2023, summoning order dated 26.02.2024 along with entire proceedings of Case No.16716 of 2024, arising out of Case Crime No.0211 of 2022, under Sections 406, 419, 420, 467, 468, 471 I.P.C. Police Station Wazirganj, District Lucknow, pending in the Court of learned Special Additional Chief Judicial Magistrate, CBI (A.P.), 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