SHAHANSHAH KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/6233/2025 · 2025-07-31
Subhash Vidyarthi
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 154982 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154982 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44574 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6233 of 2025 Applicant :- Shahanshah Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Atul Verma,Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Vinod Kumar Yadav, the learned counsel for the applicant, Sri Manish Kumar Pandey, the learned A.G.A. for the State and Sri Akhilendra Pratap Singh, 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./528 B.N.S.S, the applicant has sought quashing of the entire proceedings of case titled as "State vs. Shahanshah Khan" arising out of the Case Crime No.825 of 2023, under Sections 498-A, 323, 506 I.P.C relating to Police Station- Thakurganj, Dstrict Lucknow pending in the Court of Additional Chief Judicial Magistrate-V, Lucknow including the charge sheet dated 03.05.2024, 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, wherein it has been stated that the F.I.R was lodged because of some matrimonial disputes between the parties and they have stated in the compromise that the parties have settled their matrimonial disputes amicably. The opposite party no.2 is residing with the applicant happily and she has no grievance left against him. 4. Opposite party No.2 does not have any objection, if the impugned proceedings are quashed against the applicant. 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 entire proceedings of case titled as "State vs. Shahanshah Khan" arising out of the Case Crime No.825 of 2023 under Sections 498-A, 323, 506 I.P.C relating to Police Station- Thakurganj District Lucknow pending in the court of Additional Chief Judicial Magistrate-V, Lucknow including the charge sheet dated 03.05.2024, is hereby quashed. (Subhash Vidyarthi,J.) Order Date :- 31.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench