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2025 DAILYLAW 152860 (ALL)

RASHID HUSSAIN AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER

A482/5925/2025 · 2025-07-23

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42263 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5925 of 2025 Applicant :- Rashid Hussain And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Arshad Jameel,Arti Rawat,Mohammad Naseem Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Arshad Jameel, the learned counsel for the applicant(s), Sri Ashok Srivastava, the learned AGA for the State, as well as Ms. Kahkashan Zaidi, the learned counsel for the opposite party no. 2, and perused the record. 2. A short counter affidavit has been filed on behalf of the opposite party no. 2, which is taken on record. 3. The instant application has been filed seeking quashing of the charge sheet no.01/2023 dated 22.07.2023 filed in FIR No.081/2023, under Sections 323/504/506 IPC lodged at Police Station Qaiserbagh, District Lucknow as well as quashing of the order dated 30.08.2023 passed by the learned Additional Chief Judicial Magistrate (First), Lucknow by means of which cognizance of the offence has been taken and the applicants have been summoned to face trial under the aforesaid sections of the IPC on the ground that the parties have arrived at a compromise/settlement. 4. Learned counsels for the parties submit that the parties have settled their dispute amicably outside the Court and they have arrived at a compromise. The compromise entered into between the parties have been placed on record as Annexure-4 to the application wherein it is recorded that the aforesaid FIR was lodged due to misunderstanding and now there exists no dispute between the parties. 5. The opposite party no.2 has filed a short counter affidavit accepting the compromise and supporting the prayer for quashing of the criminal proceedings. The dispute between the parties is of private nature and it doe not affect the public at large. 6. 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. 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 instant application is allowed and the impugned charge sheet no.01/2023 dated 22.07.2023 filed in FIR No.081/2023, under Sections 323/504/506 IPC lodged at Police Station Qaiserbagh, District Lucknow as well as the impugned order dated 30.08.2023 passed by the learned Additional Chief Judicial Magistrate (First), Lucknow by meas of which cognizance of the offence has been taken and the applicants have been summoned to face trial under the aforesaid sections of the IPC, are hereby quashed. Order Date :- 23.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench