Neutral Citation No. - 2025:AHC-LKO:43599 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6124 of 2025 Applicant :- Sher Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Mohd. Vakar Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Mohd. Vakar Khan, the learned counsel for the applicant, Sri Hansraj Verma, the learned A.G.A. for the State and Sri Mohd. Anas Siddiqui, Advocate who has put in appearance on behalf of the opposite party no.2 and filed his vakalatnama along with a short counter affidavit, which is taken on record. 2. By means of the instant application filed under Section 482 Cr.P.C./Section 528 BNSS, the applicant has sought quashing of the impugned charge sheet dated 28.07.2017, cognizance/summoning order dated 10.08.2017 along with entire proceedings of Criminal Case No.7654 of 2017: State Vs. Sher Khan, arising out of Case Crime No.1073 of 2017, under Sections 363, 366 I.P.C. Police Station Nanpara, District Bahraich, pending in the Court of learned Additional Chief Judicial Magistrate, Bahraich on the ground that the parties have entered into a settlement. . 3. The aforesaid case has been instituted on the basis of an F.I.R. lodged by the opposite party no.2 0n 18.05.2017 stating that the applicant had enticed away the informant's daughter aged about 16 years in the night of 13.05.2017. 4. In the statement of the victim recorded under Section 161 Cr.P.C. she stated that she was in a relationship with the applicant for the past one year and she had herself gone to him. In the statement of the victim recorded under Section 164 Cr.P.C. also she reiterated her earlier version and she categorically stated that the applicant had not committed any misdeed against her and that she has married him on 16.05.2017. 5. After investigation a charge sheet dated 28.07.2017 was submitted against the applicant for the offences under Sections 363, 366 I.P.C. 6. It has been stated in the application that the opposite party no.2 is leading a happy life with the applicant and they have been blessed with three children. 7. The opposite party no.2 has filed a counter affidavit annexing therewith a copy of compromise dated 19.07.2025, wherein it has been stated that the daughter of the opposite party no.2 is residing as wife of the applicant since the year 2017 and they have three children. The opposite party no.2 does not want any criminal proceedings against the applicant to continue in view of the aforesaid facts. The compromise has been signed by the victim also. 8. In view of the aforesaid peculiar facts and circumstances of the case and 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. 9. 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 impugned charge sheet dated 28.07.2017, cognizance/summoning order dated 10.08.2017 along with entire proceedings of Criminal Case No.7654 of 2017: State Vs. Sher Khan, arising out of Case Crime No.1073 of 2017, under Sections 363, 366 I.P.C. Police Station Nanpara, District Bahraich, pending in the Court of learned Additional Chief Judicial Magistrate, Bahraich are hereby quashed. . [Subhash Vidyarthi, J.] Order Date :- 29.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench