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2025 DAILYLAW 154773 (ALL)

POOJA SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/6215/2025 · 2025-07-30

Subhash Vidyarthi

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44172 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6215 of 2025 Applicant :- Pooja Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rohit Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Rohit Verma the learned counsel for the applicant, Sri Hansraj Verma, the learned A.G.A appearing on behalf of the State and Sri Umesh Chandra, learned counsel for the opposite party no.2, who has filed a short counter affidavit, which is taken on record. 2. By means of the instant application filed under Section 482 Cr.P.C, the applicant has sought quashing of the summoning order dated 06.07.2016 passed by the learned Chief Judicial Magistrate, Lucknow and charge-sheet dated 14.12.2015 arising out of Case Crime No.863/2015, under Sections 323, 504, 506 IPC, P.S.- Gomti Nagar, District- Lucknow, on the ground that the parties have arrived at a settlement. 3. During pendency of the proceedings, the parties have entered into a settlement dated 25.05.2025, wherein it has been stated that both the parties have mutually resolved their disputes and son of the opposite party no.2 and the applicant no.1 are living together happily and, therefore, the opposite party no.2 does not want proceedings to continue against the applicants. 4. The learned counsel for the opposite party no. 2 has filed a short counter affidavit admitting the factum of compromise and supporting the prayer for quashing of the proceedings on the basis of compromise. 5. Considering 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 by way of compromise arrived at between the parties and the law laid down by the Supreme Court of India, the present petition is allowed and the summoning order dated 06.07.2016 passed by the learned Chief Judicial Magistrate, Lucknow and charge-sheet dated 14.12.2015 arising out of Case Crime No.863/2015, under Sections 323, 504, 506 IPC, P.S.- Gomti Nagar, District- Lucknow are hereby quashed. (Subhash Vidyarthi,J.) Order Date :- 30.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench