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2025 DAILYLAW 154587 (ALL)

NANDINI VISHWAKARMA AND 6 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

A482/6250/2025 · 2025-07-31

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44519 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6250 of 2025 Applicant :- Nandini Vishwakarma And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Lalu Prasad Bhatt,Shiv Bahadur Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Lalu Prasad Bhatt, the learned counsel for the applicants, Shri Hans Raj Verma, the learned A.G.A. for the State and Ms. Rashmi Srivastava, 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 cognizance order dated 22.03.2024 passed by the learned Judicial Magistrate- II, Sitapur in Case No. 623/2022 as well as the Charge Sheet dated 28.10.2022 arising out of Case Crime No.439/2022, under Sections 419, 420, 504 of I.P.C. Police Station- Mahmoodabad, District- Sitapur, 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 cognizance order dated 22.03.2024 passed by the learned Judicial Magistrate- II, Sitapur in Case No. 623/2022 as well as the Charge Sheet dated 28.10.2022 arising out of Case Crime No.439/2022, under Sections 419, 420, 504 of I.P.C. Police Station- Mahmoodabad, District- Sitapur are quashed. Order Date :- 31.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench