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2025 DAILYLAW 152770 (ALL)

MANNA LAL( MANNA PANDEY IN CHARGE SHEET) AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. OF U.P. LKO. AND ANOTHER

A482/5902/2025 · 2025-07-22

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42065 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5902 of 2025 Applicant :- Manna Lal( Manna Pandey In Charge Sheet) And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. And Another Counsel for Applicant :- Pallavi Vatsala,Vivek Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vivek Kumar Verma, the learned counsel for the applicants, Sri Ashok Srivastava, the learned A.G.A. for the State and Sri Shwetank Pandey, 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 04.09.2016, cognizance/summoning order dated 03.10.2016 along with entire proceedings of Criminal Case No.44907 of 2016, arising out of Case Crime No.199 of 2016, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Gudamba, District Lucknow, pending before the learned Additional Chief Judicial Magistrate Second, Room No.26, Lucknow on the basis of compromise arrived at between the parties. 3. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at the compromise. Certified 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 Additional Chief Judicial Magistrate Second, Room No.26, Lucknow vide order dated 01.04.2025 in compliance of the order dated 24.04.2025 passed by this Court in Application u/s 482 No.1856 of 2024. 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 04.09.2016, cognizance/summoning order dated 03.10.2016 along with entire proceedings of Criminal Case No.44907 of 2016, arising out of Case Crime No.199 of 2016, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Gudamba, District Lucknow, pending before the learned Additional Chief Judicial Magistrate Second, Room No.26, 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