IMTIYAZ HUSAIN @ AZEEM AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. HOME LKO. AND ANOTHER
A482/6018/2025 · 2025-07-25
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153643 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153643 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43014 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6018 of 2025 Applicant :- Imtiyaz Husain @ Azeem And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Home Lko. And Another Counsel for Applicant :- Mohd. Waris Farooqui Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Mohd. Waris Farooqui, the learned counsel for the applicants, Smt. Shikha Sinha, the learned A.G.A. for the State and Sri Uma Kant Verma, Advocate who has put in appearance on behalf of the opposite party no.2 and filed his vakalatnama, which is taken on record. Counter affidavit filed by the learned counsel for opposite party No.2 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 no.1, dated 04.08.2023, summoning order dated 22.04.2024 along with entire proceedings of Criminal Misc. Case No.203 of 2024, arising out of Case Crime No.228 of 2023, under Sections 452, 323, 504, 506 I.P.C. Police Station Kotwali Utraula, District Balrampur, pending in the Court of learned Civil Judge, Junior Division/Judicial Magistrate Utraula, Balrampur on the ground that the parties have arrived at a settlement. 3. Learned counsel for the parties submit that the parties have settled their dispute amicably outside the Court and
they have arrived at a compromise. A copy of compromise deed has been placed on record as Annexure-5 to the application. The parties have confirmed the terms of compromise. The dispute between the parties is of private nature and it does not affect the public at large. 4. Opposite party No.2 does not have any objection, if the impugned proceedings are quashed against the applicants. 5. I have considered the submissions of learned counsel for the parties. 6.
Considering the fact that the dispute between the parties is personal in nature and 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. 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 application is allowed and proceedings of impugned charge sheet no.1, dated 04.08.2023, summoning order dated 22.04.2024 along with entire proceedings of Criminal Misc. Case No.203 of
2024, arising out of Case Crime No.228 of 2023, under Sections 452, 323, 504, 506 I.P.C. Police Station Kotwali Utraula, District Balrampur, pending in the Court of learned Civil Judge, Junior Division/Judicial Magistrate Utraula, Balrampur are hereby quashed. . [Subhash Vidyarthi, J.] Order Date :- 25.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench