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2025 DAILYLAW 152698 (ALL)

ISARAIL ALIAS MOHAMMAD ISARAIL AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/5882/2025 · 2025-07-22

Subhash Vidyarthi

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42077 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5882 of 2025 Applicant :- Isarail Alias Mohammad Isarail And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sumit Chauhan,Manish Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Manish Kumar Singh, the learned counsel for the applicants, Sri Hansraj Verma, the learned A.G.A. for the State and Sri Ashutosh Srivastava, Advocate who has put in appearance on behalf of the opposite party no.2 and filed his 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 20.07.2022 along with entire proceedings of Criminal Case No.19904 of 2023, arising out of Case Crime No.0244 of 2022, under Sections 452, 323, 504, 506 I.P.C. Police Station Payagpur, District Bahraich, pending in the Court of Additional Civil Judge/Judicial Magistrate, Court No.6, Bahraich on the ground that the parties have arrived at a settlement. 3. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at the compromise. Compromise entered into between the parties have been placed on record as Annexure-3 to the petition. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by learned Court of Additional Civil Judge/Judicial Magistrate, Court No.6, Bahraich vide order dated 05.02.2025 in compliance of the order dated 21.01.2025 passed by this Court in Application u/s 482 No.449 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. 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 20.07.2022 along with entire proceedings of Criminal Case No.19904 of 2023, arising out of Case Crime No.0244 of 2022, under Sections 452, 323, 504, 506 I.P.C. Police Station Payagpur, District Bahraich, pending in the Court of Additional Civil Judge/Judicial Magistrate, Court No.6, 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