NIRMAL KUMAR AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER
A482/6236/2025 · 2025-07-31
Subhash Vidyarthi
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 154123 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154123 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44556 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6236 of 2025 Applicant :- Nirmal Kumar And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- P.K. Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri P.K. Mishra, the learned counsel for the applicants, Sri Mohd. Asif Khan, the learned A.G.A.-I for the State and Sri Vivek 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 entire proceedings of Criminal Case No.3191 of 2000 arising out of the Case Crime No.3/1996 u/S 498A/323/504/506/307 IPC and 3/4 of D.P. Act relating to Police Station-Baundi, 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-5 to the petition. The parties have confirmed the terms of the compromise. The matter initiated in the year 1996, during this long passage of time, the parties have resolved their disputes amicably and they are living together along with their three children happily. Parties have agreed to get the proceedings closed on the basis of compromise deed dated 15.05.2025. 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 entire proceedings of Criminal Case No.3191 of 2000 arising out of the Case Crime No.3/1996 u/S 498A/323/504/506/307 IPC and 3/4 of D.P. Act relating to Police Station-Baundi, Bahraich are quashed. . (Subhash Vidyarthi,J.) Order Date :- 31.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench