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2025 DAILYLAW 155260 (ALL)

VINEET KUMAR @ VINEET GAUTAM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/6273/2025 · 2025-08-01

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44886 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6273 of 2025 Applicant :- Vineet Kumar @ Vineet Gautam And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Shailendra Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. The petition has been filed seeking quashing of Chargesheet No. 218 of 2022 dated 23.09.2022 and summoning order dated 21.03.2023 in Case No. 551 of 2023, Case Crime No. 0250 of 2022 under Sections 342/323/504/506, I.P.C. P.S. Jahangirabad, District Barabanki, pending in the court of Addl. Chief Judicial Magistrate, Court No. 11, Barabanki, as also the entire proceedings of the said case. 2. Notice on behalf of the State has been accepted by learned A.G.A. Mr. Hansraj Verma, Advocate has put in appearance on behalf of the respondent No.2. Vakalatnama filed by him is taken on record. 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-3 to the petition. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by Addl. Chief Judicial Magistrate, Court No. 11, Barabanki, vide order dated 01.05.2025 in compliance of the order dated 18.04.2025 passed by this Court in Application u/s 482 No. 3311 of 2025. 4. I have considered the submissions of learned counsel for the parties. 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 proceedings in pursuance of the criminal proceedings would be an exercise in futility. 6. 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 petition is allowed and proceedings of Chargesheet No. 218 of 2022 dated 23.09.2022 and summoning order dated 21.03.2023 in Case No. 551 of 2023, Case Crime No. 0250 of 2022 under Sections 342/323/504/506, I.P.C. P.S. Jahangirabad, District Barabanki, pending in the court of Addl. Chief Judicial Magistrate, Court No. 11, Barabanki, as also the entire proceedings of the said case, are hereby quashed. (Subhash Vidyarthi, J.) Order Date :- 1.8.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench