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2025 DAILYLAW 153690 (ALL)

RAKESH KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. ADDL. CHIEF SECY. DEPTT. HOME LKO AND ANOTHER

NA528/843/2025 · 2025-07-29

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43724 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 843 of 2025 Applicant :- Rakesh Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Addl. Chief Secy. Deptt. Home Lko And Another Counsel for Applicant :- Sameer Kalia,Avinash Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sameer Kalia, the learned counsel for the applicants, Ms. Kamlesh Kumari, the learned A.G.A. for the State and Sri Ankit Pandey, the learned counsel for opposite party No.2 and perused the record. 2. By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of the charge-sheet dated 16.12.2024, the summoning order dated 16.07.2025 as well as the entire proceedings of Criminal Case No.18400/2025 arising out of Case Crime No.320/2024 under Sections 316(2), 115(2), 351(3) and 352 of BNS at Police Station- Kotwali Nagar, Bahraich. 3. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at the compromise. Compromise entered into between the parties have been placed on record as Annexure-4 to the petition. The parties have confirmed the terms of the compromise. 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. 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 the charge-sheet dated 16.12.2024, the summoning order dated 16.07.2025 as well as the entire proceedings of Criminal Case No.18400/2025 arising out of Case Crime No.320/2024 under Sections 316(2), 115(2), 351(3) and 352 of BNS at Police Station- Kotwali Nagar, Bahraich are quashed. . (Subhash Vidyarthi,J.) Order Date :- 29.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench