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2025 DAILYLAW 153847 (ALL)

ARIF ALIAS ARIF HUSAIN AND 2 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER

A482/6033/2025 · 2025-07-30

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44282 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6033 of 2025 Applicant :- Arif Alias Arif Husain And 2 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mohammad Alam Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Mohammad Alam, the learned counsel for the applicants, Sri Hans Raj Verma, the learned A.G.A. for the State and Sri Mohd. Asif Siddiqui, the learned counsel for opposite party No.2 and perused the record.A short counter affidavit has been filed by the opposite party No.2, which is taken on record. 2. By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of the summoning order dated 04.07.2019, the charge-sheet dated 06.03.2019 as well as the entire proceedings of Criminal Case No.1224 of 2019 arising out of the Case Crime No.52/2019 u/S 323/504/506 IPC relating to Police Station- Indira Nagar, Lucknow pending in the Court of Addl. CJM-II, Lucknow on the basis of compromise entered into between the parties. 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. 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 summoning order dated 04.07.2019, the charge-sheet dated 06.03.2019 as well as the entire proceedings of Criminal Case No.1224 of 2019 arising out of the Case Crime No.52/2019 u/S 323/504/506 IPC relating to Police Station- Indira Nagar, Lucknow are quashed. . (Subhash Vidyarthi,J.) Order Date :- 30.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench