SANTOSH KUMAR AND ANOTHER v. STATE OF U.P. THRU. ADDL. SECY. DEPTT. HOME LKO. AND ANOTHER
A482/5913/2025 · 2025-07-24
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152974 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152974 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42586 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5913 of 2025 Applicant :- Santosh Kumar And Another Opposite Party :- State Of U.P. Thru. Addl. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Ram Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Short counter affidavit filed by Sri Vishwas Shukla, learned counsel for the opposite party no.2 is taken on record. 2. Heard Sri Ram Kumar Singh, the learned counsel for the applicants, Sri Diwaker Singh, the learned A.G.A for the State and Sri Vishwas Shukla, the learned counsel for the opposite party no. 2. 3. By means of the instant application filed under Section 482 Cr.P.C, the applicants have sought quashing of the entire proceeding of Criminal Case No.1780 of 2015 including the charge sheet dated 07.02.1992 arising out of Case Crime No.450 of 1991 under Sections 452, 354, 506 IPC, Police Station- Hasanganj, District- Lucknow as well as non-bailable warrant dated 17.06.2025 passed by the learned Judicial Magistrate-I, Lucknow, on the ground that the parties have entered into a compromise. 4. During pendency of the proceedings, the parties have entered into a settlement dated 14.07.2025, wherein it is stated that both the parties have resolved their disputes amicably and both the parties are residing peacefully as family members since long and that the opposite party no.2 does not want any proceedings to continue against the applicants. 5. The learned counsel for the opposite party no. 2 has filed a short counter affidavit accepting the compromise and supporting the prayer for quashing of the criminal proceedings instituted by her on the ground compromise. 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 criminal proceedings would be an exercise in futility. 7.
7. In view of the fact that the parties have settled their dispute by way of compromise arrived at between the parties and the law laid down by the Supreme Court of India, the present petition is allowed and the entire proceeding of Criminal Case No.1780 of 2015 including the charge sheet dated 07.02.1992 arising out of Case Crime No.450 of 1991 under Sections 452, 354, 506 IPC, Police Station- Hasanganj, District- Lucknow as well as non-bailable warrant dated 17.06.2025 passed by the learned Judicial Magistrate-I, Lucknow are hereby quashed. (Subhash Vidyarthi,J.) Order Date :- 24.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench