AKRAM ALIAS MOHD. KHALID AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/6839/2025 · 2025-08-21
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152903 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152903 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:49251 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6839 of 2025 Applicant :- Akram Alias Mohd. Khalid And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel appearing on behalf of the applicants, learned A.G.A. appearing on behalf of the State, as well as Shri Mohd. Naeem, Advocate, who has put in appearance on behalf of opposite party no. 2, and perused the record. The Vakalatnama is taken on record.
2. The instant application has been filed seeking quashing of the entire proceedings arising out of Case Crime No.0195/2022, under Sections 323, 504 and 506 IPC, Police Station Chowk, District Lucknow (State Vs. Akram @ Mohd. Khalid and others), pending in the Court of learned A.C.J.M. (V), Lucknow and to quash the charge-sheet dated 05.03.2022 filed in the aforesaid case crime number and summoning order dated 23.03.2023 on the ground that the parties have arrived at a compromise/settlement.
3. 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. The parties have confirmed the terms of the compromise. The compromise has been verified between the parties by learned Additional Chief Judicial Magistrate (A.P.), Lucknow vide order dated 06.03.2025 in compliance of the
order dated 21.01.2025 passed by this Court in an Application U/s 482 No.498/2025.
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. 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 entire proceedings, arising out of Case Crime No.0195/2022, under Sections 323, 504 and 506 IPC, Police Station Chowk, District Lucknow (State Vs. Akram @ Mohd. Khalid and others), pending in the Court of learned A.C.J.M. (V), Lucknow, including the charge-sheet dated 05.03.2022 and the summoning order dated 23.03.2023, are hereby quashed.
7. The compromise deed shall be part of this order.
8. Consign to record. [Shree Prakash Singh,J.]
Order Date :- 21.8.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench