BABAR ABBAS AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/6259/2025 · 2025-07-31
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155162 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155162 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44479 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6259 of 2025 Applicant :- Babar Abbas And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Pawan Kumar Misra, the learned counsel for the applicants, Sri Hans Raj Verma, the learned A.G.A. for the State and Sri Subhash Kumar Pandey, Advocate holding brief of Sri Abhinav Singh, the learned counsel for opposite party No.2 and perused the 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 21.04.2022, the summoning order dated 28.04.2022 passed by the Court of Ld. Addl. Sessions Judge, Court No.4, Sultanpur as well as the entire proceedings of Criminal Case No.3908 of 2022 arising out of the Case Crime No.174/2022 u/S 323/504/506/307/36/325 IPC relating to Police Station- Kotwali Nagar, Sultanpur. 3. The aforesaid case was instituted on the basis of an FIR lodged on 24.02.2022 alleging that the informant had gone to get his vehicle repaired and some dispute took there between him and the accused persons, who are employees of the agency. The opposite party No.2 had suffered some simple injuries in the incident. The quashing of the proceedings has been sought on the ground that the parties have entered into a settlement dated 24.07.2025. 4. It is stated in the application that the FIRs were lodged from both the sides and the entire dispute has been settled and the quashing of the proceedings instituted on the FIR lodged by the applicant's side has also been sought on the ground of compromise. 5. Opposite party No.2 has filed a counter affidavit accepting the compromise and supporting the prayer for quashing of the
proceedings. 6. I have considered the submissions of learned counsel for the parties. 7.
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. 8. 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 21.04.2022, the summoning order dated 28.04.2022 passed by the Court of Ld. Addl. Sessions Judge, Court No.4, Sultanpur as well as the entire proceedings of Criminal Case No.3908 of 2022 arising out of the Case Crime No.174/2022 u/S 323/504/506/307/36/325 IPC relating to Police Station- Kotwali Nagar, Sultanpur are quashed. . (Subhash Vidyarthi,J.) Order Date :- 31.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench