MOHD. ARIF ALIAS ARIF AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/6232/2025 · 2025-07-31
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154996 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154996 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44528 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6232 of 2025 Applicant :- Mohd. Arif Alias Arif And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Vineet Kumar Chaurasia,Mohd. Jabir Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Mohd. Jabir, the learned counsel for the applicants, Shri Manish Kumar Pandey, the learned A.G.A. for the State and Shri Abdul Khattab, Advocate holding brief of Shri Tribhuwan Agnihotri, 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 Charge sheet dated 08.06.2021 arising out of Case Crime No.88/2021, Under Section-452, 323 & 504 I.P.C. Police Station- Badosarain, District- Barabanki and summoning order dated 03.01.2025 passed by the learned Additional Chief Judicial Magistrate, Court No.48, Barabanki in Case No.62/2025 (State Vs. Arif and Ors.), 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.
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 Charge sheet dated 08.06.2021 arising out of Case Crime No.88/2021, Under Section-452, 323 & 504 I.P.C. Police Station- Badosarain, District- Barabanki and summoning order dated 03.01.2025 passed by the learned Additional Chief Judicial Magistrate, Court No.48, Barabanki in Case No.62/2025 (State Vs. Arif and Ors.) are quashed. 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