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2025 DAILYLAW 154454 (ALL)

HARI SHANKER SINGH AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. U.P. LKO. AND ANOTHER

A482/6166/2025 · 2025-07-31

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44380 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6166 of 2025 Applicant :- Hari Shanker Singh And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. U.P. Lko. And Another Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Anil Kumar Pandey, the learned counsel for the applicants, Sri Hansraj Verma, the learned A.G.A. for the State and Sri A.K.Mishra, the learned counsel for opposite party No.2, who has filed the short counter affidavit 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 entire proceedings of Criminal Case No. 5930 of 2022, arising out of Case Crime No. 881 of 2021, Police Station-Kotwali Nagar, District-Sultanpur, as well as charge-sheet No.01 of 2022 dated 22.05.2022 and also summoning order dated 29.06.2022. 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-11 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 proceedings arising out of Case Crime No. 881 of 2021, quoted aforesaid are quashed. (Subhash Vidyarthi,J.) Order Date :- 31.7.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench