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2025 DAILYLAW 154733 (ALL)

VARUN RAJ SINGH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/6172/2025 · 2025-07-31

Subhash Vidyarthi

body2025

Judgment text

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Court No. - 15 Case :- APPLICATION U/S 482 No. - 6172 of 2025 Applicant :- Varun Raj Singh And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Umesh Chandra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Umesh Chandra, learned counsel for the applicants, Sri Hansraj Verma, learned A.G.A. for the State and Sri Rohit Verma, learned counsel for the opposite party no.2 and perused the record. Short counter affidavit filed by the learned counsel for opposite party No.2 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 impugned charge sheet dated 28.06.2016, summoning order dated 28.11.2016 as well as the entire proceeding arising out of Case Crime No. 369/2015, under Sections 498-A, 323, 504 IPC & 3/4 D.P. Act, Police Station Gomti Nagar, District Lucknow, pending in the court of learned Chief Judicial Magistrate, Lucknow, on the basis of a settlement arrived at between the parties. 3. Learned counsel for the parties submit that the parties have settled their dispute amicably outside the Court and they have arrived at a compromise. The opposite party no. 2 is residing with the applicant no. 1. The original compromise deed has been placed on record as Annexure-2 to the application. The learned counsel for the parties have confirmed the terms of compromise. 4. The learned counsel for the opposite party No.2 does not have any objection, if the impugned proceedings are quashed against the applicants and the opposite party no.2 supports the application. 5. Considering the fact that the dispute between the parties is of private nature and it does not affect the public at large and the 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. 6. 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 28.06.2016, summoning order dated 28.11.2016 as well as the entire proceeding arising out of Case Crime No. 369/2015, under Sections 498-A, 323, 504 IPC & 3/4 D.P. Act, Police Station Gomti Nagar, District Lucknow, pending in the court of learned Chief Judicial Magistrate, Lucknow, are quashed. Order Date :- 31.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench